Free Motion to Deposit Funds - District Court of Connecticut - Connecticut

Case 3:00-cv-00754-JBA

Document 531

Filed 10/12/2005

Page 1 of 3

3CVUNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT SONY ELECTRONICS, INC. et al., Plaintiffs, v. ) OCTOBER 12, 2005 ) ) ) ) LEAD DOCKET NO. ) 3:00-CV-00754 (JBA) ) U.S.D.C./New Haven ) ) ALL CASES )

SOUNDVIEW TECHNOLOGIES, INC. et al., Defendants.

MOTION TO DEPOSIT FUNDS INTO THE COURT'S REGISTRY AND FOR A STAY OF EXECUTION OF JUDGMENT PENDING APPEAL Soundview Technologies, Inc. ("Soundview") respectfully moves the Court for an order permitting deposit of funds with the Court, and for an order staying the September 29, 2005 judgment in favor of Sharp pending appeal. The underlying

judgment amount is $32,168.67. Soundview and its counsel intend to appeal this judgment, but file this motion now to extend the initial automatic stay. In lieu of a bond, Soundview requests an order of the Court pursuant to Fed. R. Civ. P. 67, permitting Soundview to deposit $32,168.67, as security for the judgment, in the interest-bearing registry of the Court's Clerk. Interest on the deposit will serve as security for interest accruing on the judgment. A check in the appropriate amount has been prepared, made out to the United States District Court for the District of Connecticut, and is available for deposit with the Clerk within one business day of receipt of the Court's Order granting this motion. The deposit will remain with the Clerk until further order of the Court, pending

Case 3:00-cv-00754-JBA

Document 531

Filed 10/12/2005

Page 2 of 3

outcome of the appeal, and Soundview requests that the Court's Order so provide. Soundview further requests that the Court approve the above deposit as an adequate bond pursuant to Fed. R. Civ. P. 62(d) governing stays upon appeal, and that the Court order a stay of enforcement of the judgment, effective once Soundview has made the above deposit. A proposed order accompanies this motion, and has been drafted in compliance with Connecticut L. Civ. R. 67. DEFENDANT, SOUNDVIEW TECHNOLOGIES, INC.

By____/s/ David S. Monastersky___ David S. Monastersky (ct13319) HOWD & LUDORF 65 Wethersfield Avenue Hartford, Connecticut 06114 (860) 249-1361 Fax: (860) 522-9549 [email protected] [email protected] Raymond P. Niro (ct18107) John C. Janka (ct20463) Robert P. Greenspoon (ct21736) Paul C. Gibbons (ct18826) NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, Suite 4600 Chicago, Illinois 60602 Phone: (312) 236-0733 Attorneys for Soundview Technologies, Inc.

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Case 3:00-cv-00754-JBA

Document 531

Filed 10/12/2005

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CERTIFICATE OF SERVICE The undersigned counsel of record hereby certifies that a copy of the foregoing SOUNDVIEW'S RESPONSE TO SHARP'S FEE CALCULATION was served upon lead counsel for the below listed parties by facsimile and first class mail (on all lead patent counsel) on October 12, 2005: ____/s/ David S. Monastersky___ David S. Monastersky

SERVICE LIST Counsel for Sharp Electronics Corporation Counsel Robert W. Adams U.S. Mickey Gill Nixon & Vanderhye, PC 1100 North Glebe Road, 8th Floor Arlington, VA 22201-4714 Tel: 703-816-4000 Fax: 703-816-4100 email: [email protected] (Adams) Local Counsel Connecticut William M. Bloss Alinor C. Sterling Jacobs, Grudberg, Belt & Dow PC 350 Orange Street New Haven, CT 06511 Tel: 203-772-3100 (x 271) Fax: 203-772-1691 email: [email protected]