Tyntec Inc. et al v. Syniverse Technologies, LLC

Middle District of Florida, flmd-8:2017-cv-00591

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PageID 21792 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TYNTEC INC., a Delaware Corporation and TYNTEC GROUP LTD. f/k/a Phoenix Spring Ltd., a United Kingdom Corporation, Case No. 8:17-CV-00591-RAL-MAP Plaintiffs, v. SYNIVERSE TECHNOLOGIES, LLC, a Delaware Corporation Defendant. DEFENDANT SYNIVERSE TECHNOLOGIES, LLC'S MOTION FOR LEAVE TO FILE A FIVE (5) PAGE REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR SANCTIONS On December 17, 2018, Defendant Syniverse Technologies LLC filed its Motion for Sanctions for Discovery Misconduct and False Testimony ("Motion") seeking sanctions against Plaintiffs tyntec, Inc. and tyntec Group Ltd. (collectively "tyntec") for their failure to produce case critical spreadsheets regarding their alleged damages (the "Withheld Spreadsheets"). Dkt. No. 220. On January 14, 2019, tyntec filed its Response to Syniverse's Motion ("Response").1 Dkt. No. 225. In support, tyntec presented three new declarations totaling thirty pages, along with six separate supporting exhibits. Dkt. Nos. 226, 227, 228. The declarations submitted with the Response contain new averments that seemingly contradict prior sworn testimony and raise additional questions regarding tyntec's actions during discovery. And in its 1 On December 18, 2018, the parties filed a joint motion for an extension whereby tyntec's Response would be due on or before January 14, 2019. Dkt. No. 222. The Court granted the parties' agreed motion. Dkt. No. 223. PageID 21793 Response, tyntec also presents arguments, which Syniverse has not yet addressed, as to why tyntec's conduct should not be sanctioned or, at most, should result only in reopening discovery. As a result, Syniverse requests that the Court allow Syniverse to submit a reply brief of no more than five (5) pages to address these new declarations and the new issues presented for the first time in the Response and supporting documents. Syniverse has conferred with tyntec's counsel and they have indicated that tyntec takes no position on Syniverse's request to file a reply to tyntec's Response. WHEREFORE, for the reasons stated above, Syniverse respectfully requests permission to file a reply brief not to exceed five (5) pages. Syniverse further requests that the Court order the reply to be filed within seven (7) days of the Court's order granting the instant motion. Respectfully submitted, /s/ Mark A. McCarty Mark A. McCarty (admitted pro hac vice) John E Stephenson, Jr. (admitted pro hac vice) Valarie C. Williams (admitted pro hac vice) Kara Kennedy (admitted pro hac vice) James B. Cash (admitted pro hac vice) ALSTON & BIRD LLP 1201 W. Peachtree Street Atlanta, Georgia 30309 Tel.: 404-881-7000 Benjamin H. Hill, III (FBN: 94585) Matthew F. Hall (FBN: 92430) HILL, WARD, HENDERSON, P.A. 101 East Kennedy Blvd. Suite 3700 Tampa, Florida 33602 Tel.: 813-221-3900 Attorneys for Defendant 2 PageID 21794 RULE 3.01(g) CERTIFICATE OF CONFERRAL Pursuant to Rule 3.01(g), Local Rules for the Middle District of Florida, I hereby certify that on January 17, 2019, counsel for Syniverse conferred with tyntec's counsel in a good faith effort to resolve the issues raised in this Motion. tyntec's counsel indicated that tyntec takes no position on Syniverse's request to file a reply to tyntec's sanctions opposition. /s/ James Cash Attorney for Defendant 3 PageID 21795 CERTIFICATE OF SERVICE I hereby certify that on the 18th day of January, 2019, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF which will send a notice of electronic filing to all counsel of record. /s/ James Cash Attorney for Defendant 4