Before The Honorable David P. Shaw
Administrative Law Judge
)
In the Matter of ))
Investigation No.
CERTAIN WIRELESS DEVICES WITH 3G ) 337-TA-800
CAPABILITIES AND COMPONENTS )
THEREOF ))
NON-PARTY EVERCORE PARTNERS’ UNOPPOSED MOTION FOR AN
EXTENSION OF TIME TO RESPOND TO NOKIA’S MOTION TO
CERTIFY TO THE COMMISSION A REQUEST FOR JUDICIAL
ENFORCEMENT OF SUBPOENA TO EVERCORE PARTNERS
Pursuant to Commission Rules 210.15 and 210.32 and the Ground Rules, Nonparty
Evercore Partners (“Evercore”) moves to extend the deadline for Evercore to respond to Nokia’s
Motion to Certify to the Commission a Request for Judicial Enforcement of Subpoena to
Evercore Partners (“the Nokia Motion”) filed on April 4, 2012, by an additional four (4) days to
April 20, 2012.
Pursuant to Commission Rule 201.14, Evercore is currently scheduled to respond to the
Nokia motion by April 16, 2012. Evercore requests an extension to April 20, 2012 to respond to
the Nokia motion. There is good cause to grant the requested extension.
Counsel for Evercore has been conferring with counsel for Nokia concerning the scope of
Nokia’s subpoena and Evercore’s efforts to comply. Given the scope and subject matter of the
subpoena, Evercore informed Nokia that Evercore needed to confer with InterDigital regarding
the disputed privilege issues during the week of April 2, 2012. Evercore was able to resolve the
privilege issues with InterDigital on April 4, 2012, which was the same day that Nokia filed its
motion. Pursuant to the parties’ discussions, Evercore is producing documents to Nokia on April
-2-
13, 2012 which should moot Nokia’s motion. To allow Nokia sufficient time to review the
documents and assess whether judicial intervention is still necessary, counsel for Evercore and
Nokia have agreed, subject to approval by the Administrative Law Judge, to extend the time in
which Evercore must respond to Nokia’s motion to April 20, 2012, or, in the alternative, that
Nokia will withdraw its motion.
In light of this agreement, Evercore respectfully requests that the Administrative Law
Judge extend the deadline for responding to the Nokia motion to April 20, 2012. In accordance
with Ground Rule 5(g), a proposed order is attached.
Pursuant to Ground Rule 5(e), counsel for Evercore contacted counsel for InterDigital,
Huawei Technologies Co., Ltd., FutureWei Technologies, Inc., ZTE Corp., ZTE (USA), and the
Staff regarding the present motion. The Staff and other Respondents do not oppose the requested
extension.
Dated: April 12, 2012
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