ANTON HANDAL (Bar No. 113812)
anh@handal-law.com
PAMELA C. CHALK (Bar No. 216411)
pchalk@handal-law.com
GABRIEL HEDRICK (Bar No. 220649)
ghedrick@handal-law.com
HANDAL & Associate
1200 Third Avenue, Suite 1321
San Diego, California 92101
Tel: 619.544.6400
Fax: 619.696.0323
Attorneys for Plaintiff and Counter-Defendant, e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Woodman Labs, Inc. dba GoPro,
Defendant.
And Related Counterclaims.
Case No. 3:12-cv-02899-DMS(WVG)
E.DIGITAL CORPORATION’S
REQUEST FOR JUDICIAL
NOTICE AND NOTICE OF
OBJECTIONS TO
“DEFENDANT’S NOTICE
JOINING REPLY BRIEF IN
SUPPORT OF MOTION TO
AMEND THE STIPULATED
PARTIAL JUDGMENT
AND RESPONSE TO OBJECTION
TO DECLARATION OF BRYAN
A. KOHM”
(SUBMITTED IN SUPPORT OF
OPPOSITION TO “APPLE’S
NOTICE OF MOTION AND
MOTION TO AMEND THE
STIPULATED PARTIAL
JUDGMENT TO CERTIFY THE
COLLATERAL ESTOPPEL
ORDER FOR IMMEDIATE
APPEAL” AND GOPRO’S
JOINDER THEREIN)
Date: December 20, 2013
Time: 1:30 p.m.
Ctrm: 13A (Annex)
Judge: Hon. Judge Dana M. Sabraw
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF CALIFORNIA:
Plaintiff and Counter-Defendant e.Digital Corporation (“Plaintiff” or
“e.Digital”), by and through its attorney, hereby respectfully requests the Court to
take judicial notice pursuant to Federal Rule of Evidence 201 and/or all other
applicable provisions of law of the following facts:
1) On December 6, 2013, Defendant Apple Inc. filed the following reply
documents (collectively referred to herein as the “Apple Reply”) in support of its
motion to amend in the case
e.Digital Corporation v. Apple Inc.
, Case No. 3:13-cv-
00785-DMS-WVG (“Apple matter”):
a)
“Defendants’ Reply In Support Of Motion To Amend The
Stipulated Partial Judgment To Certify The Collateral Estoppel
Order
” (Dkt #66);
b) “
Declaration Of Kevin J. O’Shea In Support Of Reply In
Support Of Defendants’ Reply In Support Of Motion To Amend
The Stipulated Partial Judgments To Certify The Collateral
Estoppel Order For Immediate Appeal,
(Dkt #66-1);
c) Exhibit 4 to the “
Declaration Of Kevin J. O’Shea In Support Of
Reply In Support Of Defendants’ Reply In Support Of Motion
To Amend The Stipulated Partial Judgments To Certify The
Collateral Estoppel Order For Immediate Appeal
(Dkt #66-2);
and,
d) Exhibit 5 to the “
Declaration Of Kevin J. O’Shea In Support Of
Reply In Support Of Defendants’ Reply In Support Of Motion
To Amend The Stipulated Partial Judgments To Certify The
Collateral Estoppel Order For Immediate Appeal
(Dkt #66-3)
2) The Defendant and Counterclaimant in this case, Woodman Labs, Inc.
dba GoPro (“GoPro”), filed the document entitled “
Defendant’s Notice Joining
Reply Brief In Support Of Motion To Amend The Stipulated Partial Judgment
And Response To Objection To Declaration Of Bryan A. Kohm”
(“GoPro Reply”)
in this matter on or about December 6, 2013. (Dkt #76 in the GoPro matter).
3) On December 9, 2013, e.Digital filed “
Plaintiff e.Digital
Corporation's Exhibit A In Support Of Objections And Objections To Portions Of
“Defendants’ Reply In Support Of Motion To Amend The Stipulated Partial
Judgment To Certify The Collateral Estoppel Order”; Portions Of The
“Declaration Of Kevin J. O’Shea In Support Of Reply In Support Of Defendants’
Reply In Support Of Motion To Amend The Stipulated Partial Judgments To
Certify The Collateral Estoppel Order For Immediate Appeal” And
Exhibits 4-5 Attached Thereto
”, (“e.Digital’s Objections”) in the Apple matter, a
copy of which is attached hereto as Exhibit 1. (Dkt #67 in the Apple matter).
NOTICE is given that e.Digital Corporation objects to the GoPro Reply
and/or GoPro joinder in the Apple Reply for the same reasons and on the same
basis as stated in e.Digital’s Objections to the Apple Reply, which consists of the
document attached hereto as Exhibit 1.
It is respectfully requested that e.Digital’s Objections be sustained in both
the Apple matter and GoPro matter.
Respectfully submitted,
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Gabriel G. Hedrick
Pamela C. Chalk
Attorneys for Plaintiff
e.Digital Corporation
