UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Theodore R. Essex
`Administrative Law Judge
`_________________________________________
`
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`) Investigation No . 337-TA-625
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`In the Matter of
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`Certain Self-Cleaning Litter Boxes and
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`Components Thereof
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`__________________________________________)
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`MOTION OF THIRD PARTIES YAU, GREASON, GRUBE, DEVLIN, NATHAN AND
`KARL ULRICH, KESTREL DESIGN, INC., 726 VENTURES, TECHNIQUE APPLIED
`SCIENCE, INC. AND DEVLIN DESIGN, INC. FOR LEAVE TO FILE AMENDED
`MOTION TO QUASH THE SUBPOENAS SERVED UPON THEM BY COMPLAINANT
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`Third Parties Jonathan Yau, Jeff Greason, Kristin Grube, Tom Devlin, Nathan Ulrich,
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`Karl Ulrich, Kestrel Design, Inc., Technique Applied Science Inc., Devlin Design Inc., and 726
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`Ventures (collectively the “Third Parties”), by their undersigned attorneys, respectfully move for
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`leave to file the Amended Motion of the Third Parties to Quash the Subpoenas Served Upon
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`Them By Complainant (the “Amended Motion to Quash”). In support of their Motion, the Third
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`Parties state as follows:
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`Yesterday, counsel for the Third Parties filed a motion entitled “Respondent Lucky Litter
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`LLC’s Motion To Quash” (the “Original Motion”). Shortly, after filing the Original Motion, it
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`occurred to counsel for the Third Parties, that the Motion, as written, does not make clear that
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`Lucky Litter’s counsel is also representing the Third Parties, and that the Original Motion was
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`filed on their behalf (and not on the behalf of Lucky Litter). Therefore, to rectify any standing
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`issues that may arise simply because of the way in which the Original Motion was drafted, the
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`Third Parties respectfully request that they be given the opportunity to filed the Amended Motion
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`to Quash, in order to clarify the fact that it is the Third Parties (and not Lucky Litter) that are
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`seeking an Order from the ALJ quashing their respective subpoenas.
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`WASHINGTON, D.C.
`
`Before the Honorable Theodore R. Essex
`Administrative Law Judge
`_________________________________________
`
`)
`) Investigation No . 337-TA-625
`
`
`
`
`In the Matter of
`)
`
`Certain Self-Cleaning Litter Boxes and
`)
`
`Components Thereof
`
`
`__________________________________________)
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`MOTION OF THIRD PARTIES YAU, GREASON, GRUBE, DEVLIN, NATHAN AND
`KARL ULRICH, KESTREL DESIGN, INC., 726 VENTURES, TECHNIQUE APPLIED
`SCIENCE, INC. AND DEVLIN DESIGN, INC. FOR LEAVE TO FILE AMENDED
`MOTION TO QUASH THE SUBPOENAS SERVED UPON THEM BY COMPLAINANT
`
`Third Parties Jonathan Yau, Jeff Greason, Kristin Grube, Tom Devlin, Nathan Ulrich,
`
`Karl Ulrich, Kestrel Design, Inc., Technique Applied Science Inc., Devlin Design Inc., and 726
`
`Ventures (collectively the “Third Parties”), by their undersigned attorneys, respectfully move for
`
`leave to file the Amended Motion of the Third Parties to Quash the Subpoenas Served Upon
`
`Them By Complainant (the “Amended Motion to Quash”). In support of their Motion, the Third
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`Parties state as follows:
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`Yesterday, counsel for the Third Parties filed a motion entitled “Respondent Lucky Litter
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`LLC’s Motion To Quash” (the “Original Motion”). Shortly, after filing the Original Motion, it
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`occurred to counsel for the Third Parties, that the Motion, as written, does not make clear that
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`Lucky Litter’s counsel is also representing the Third Parties, and that the Original Motion was
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`filed on their behalf (and not on the behalf of Lucky Litter). Therefore, to rectify any standing
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`issues that may arise simply because of the way in which the Original Motion was drafted, the
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`Third Parties respectfully request that they be given the opportunity to filed the Amended Motion
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`to Quash, in order to clarify the fact that it is the Third Parties (and not Lucky Litter) that are
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`seeking an Order from the ALJ quashing their respective subpoenas.
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`Wherefore, the Third Parties respectfully request that they be granted leave to file the
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`Amended Motion to Quash enclosed herewith.
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`Respectfully submitted,
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`Dated: February 15, 2008
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`/s/ Eric C. Cohen
`
`Eric C. Cohen
`Carolyn M. Passen
`Jeremy C. Daniel
`KATTEN MUCHIN ROSENMAN LLP
`525 West Monroe Street
`Chicago, Illinois 60661-3693
`Phone (312) 902-5200
`Facsimile (312) 902-1061
`
`David P. Sanders
`Justin L. Krieger
`KATTEN MUCHIN ROSENMAN LLP
`1025 Thomas Jefferson St., N.W.
`East Lobby, Suite 700
`Washington, D.C. 20007-5201
`Phone (202) 625-3500
`Facsimile (202) 298-7570
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`2
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`CERTIFICATE OF SERVICE
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`
`
` I
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` hereby certify that, on February 15, 2008, copies of Motion Of The Third Parties For Leave
`To File Their Amended Motion To Quash The Subpoenas Served Upon Them By
`Complainant were served on the following as indicated:
`
` Via Hand Delivery (1 original; 6 copies)
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
` Via Electronic Docket Filing
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` Via Hand Delivery (2 copies)
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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`The Honorable Marilyn R. Abbott
`Secretary
`U.S. International Trade Commission
`500 E. Street, S.W., Room 112-F
`Washington, D.C. 20436
`
`
`The Honorable Theodore R. Essex
`Administrative Law Judge
`U.S. International Trade Commission
`600 E. Street, S.W., Room 317
`Washington, D.C. 20436
`
`
`Anne Goalwin, Esq.
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington D.C. 20436
`Anne.goalwin@usitc.gov
`
`James B. Altman
`F. David Foster
`Miller & Chevalier
`655 Fifteenth Street, N.W.
`Suite 900
`Washington, D.C. 20005-5701
`TEL +1 202.626.5916
`FAX +1 202.626.5801
`dfoster@milchev.com
`jaltman@milchev.com
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`Counsel for Complainants
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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`Bruce W. Slayden II
`Jeffrey D. Mills
`Baker Botts L.L.P.
`1500 San Jacinto Center
`98 San Jacinto Boulevard
`Austin, Texas 78701
`Tel: 512-322-2500
`Fax 512-322-2501
`Bruce.slayden@bakerbotts.com
`jeffrey.mills@bakerbotts.com
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`Counsel for Complainants
`Bryant C. Boren
`Steve Schortgen
`BAKER BOTTS L.L.P.
`2001 Ross Avenue
`Dallas, TX 75201
`TEL +1 214.953.6500
`FAX +1 214.953.6503
`Bryant.c.boren@bakerbotts.com
`Steve.schortgen@bakerbotts.com
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`Counsel for Complainants
`Vance L. Liebman
`Funkhouser Vegosen Liebman & Dunn Ltd.
`55 West Monroe, Suite 2300
`Chicago, IL 60603
`TEL +1 312.701.6850
`FAX +1 312.701.6801
`vliebman@fvldlaw.com
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`Counsel for Complainants
`Roy William Hardin
`Michael Scott Fuller
`Locke Liddell & Sapp PLLC
`2200 Ross Avenue, Suite 2200
`Dallas, Texas 75201-6776
`rhardin@lockeliddell.com
`sfuller@lockeliddell.com
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`Counsel for Doskocil Mfg. Co., Inc.
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`Paul V. Storm
`John J. Patti
`Chris Kling
`Storm LLP
`901 Main Street, Suite 7100
`Dallas, Texas 75202
`paulstorm@alliplaw.com
`johnpatti@alliplaw.com
`chriskling@alliplaw.com
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`Counsel for OurPet’s Company
`Dwayne J. Hermes
`Amy D. Benavides
`Nhut Tan Tran
`Hermes Sargent Bates L.L.P.
`901 Main Street, Suite 5200
`Dallas, Texas 75202
`Dwayne.hermes@hsblaw.com
`Amy.benavides@hsblaw.com
`Nhut.tran@hsblaw.com
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`Counsel for OurPet’s Company
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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` Via Hand Delivery
` Via U.S. Mail
` Via Overnight Mail
` Via Electronic Mail
` Via Facsimile
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` /s/ Eric C. Cohen_____
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`Eric C. Cohen
`Katten Muchin Rosenman LLP
`525 West Monroe St.
`Chicago, Illinois 60661-3693
`
`Counsel for Respondent Lucky Litter LLC
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