IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

RAVENWHITE LICENSING LLC, 

Plaintiff, 

v. 

THE HOME DEPOT, INC. and HOME DEPOT 

U.S.A., INC., 

Defendants. 

Case No. 2:23-CV-0423-JRG-RSP 

LEAD CASE 

JURY TRIAL DEMANDED

JOINT MOTION FOR LIMITED REOPENING OF VENUE DISCOVERY TO TAKE 

THE EXPERT DEPOSITION OF MONTY MYERS AND TO MODIFY 

DEADLINES FOR MOTION TO DISMISS BRIEFING 

Plaintiff RavenWhite Licensing LLC (“RavenWhite”) and Defendants The Home Depot, 

Inc. and Home Depot U.S.A., Inc. (collectively, “Home Depot”) hereby respectfully move the 

Court for a limited reopening of Venue Discovery to take the expert deposition of Mr. Monty 

Myers and to modify the deadlines for briefing on Home Depot’s Motion to Dismiss. The 

deadlines for the close of Venue Discovery and briefing on Home Depot’s Motion to Dismiss are 

currently set by the Court’s Order issued on April 20, 2024 [Dkt. 56]. 

Good cause exists for this modification. On June 7, 2024, RavenWhite submitted an expert 

declaration by Mr. Monty Myers in support of its Opposition to Home Depot’s Motion to Dismiss 

on the Basis of Improper Venue. See Dkt. 59. In order to afford Home Depot an opportunity to 

examine the opinions of Mr. Myers, Home Depot and RavenWhite agree that Venue Discovery 

should be reopened for the limited purpose of allowing Home Depot to depose Mr. Myers prior to 

the preparation and filing of Home Depot’s reply brief. See Dkt. 37 ¶ 2 (Discovery Order providing 

Case 2:23-cv-00423-JRG-RSP Document 62 Filed 06/17/24 Page 1 of 4 PageID #: 866
for disclosure of expert witnesses). Home Depot’s reply brief is currently due on June 21, 2024. 

Home Depot and RavenWhite agree that the deposition of Mr. Myers should take place on June 

20, 2024. Home Depot and RavenWhite further agree that the deadline for Home Depot’s reply 

brief should be extended to June 28, 2024, to allow Home Depot time to review the deposition 

testimony of Mr. Myers and adjust its briefing as needed. In view of the additional discovery, the 

parties also agree that RavenWhite’s should be allowed a sur-reply brief (having the same page 

limit as the reply brief) with a due date of July 12, 2024. 

The proposed limited reopening of Venue Discovery and modification of briefing deadlines 

will not require modification of any other date or deadline and does not impact the Court’s trial or 

pre-trial conference dates. The modified schedule will reduce the burden on both the Court and 

the parties, avoid prejudice to the parties, and avoid unnecessary work. Therefore, good cause 

existing, RavenWhite and Home Depot respectfully requests the Court grant this joint motion to 

reopen Venue Discovery for the limited purpose of allowing Home Depot to take the deposition 

of Mr. Monty Myers before or on June 21, 2024, to extend the deadline for Home Depot’s reply 

brief to June 28, 2024, and to set the deadline for RavenWhite’s sur-reply brief (having the same 

page limit as the reply brief) to July 12, 2024. The proposed extended deadlines are as follows: 

Event Deadline Proposed 

Deadline 

Close of Venue Discovery May 24, 2024 June 21, 2024* 

Home Depot’s Reply brief in support of Motion to Dismiss June 21, 2024 June 28, 2024 

RavenWhite’s Sur-reply to Motion to Dismiss [No previouslyset deadline] July 12, 2024 

* For the limited purpose of allowing Home Depot to take the deposition of Mr. Myers. 

Case 2:23-cv-00423-JRG-RSP Document 62 Filed 06/17/24 Page 2 of 4 PageID #: 867
Dated: June 17, 2024 Respectfully submitted, 

/s/ Nicholas G. Papastavros

Nicholas G. Papastavros 

Safraz W. Ishmael 

DLA PIPER LLP (US) 

33 Arch Street, 26th Floor 

Boston, MA 02110-1447 

Telephone: 617.406.6000 

Facsimile: 617.406.6119 

nick.papastavros@dlapiper.com 

safraz.ishmael@us.dlapiper.com 

Eric H. Findlay 

Texas Bar No. 00789886 

Brian Craft 

Texas Bar No. 04972020 

FINDLAY CRAFT, P.C. 

7270 Crosswater Avenue, Suite B 

Tyler, TX 75703 

Tel: 903-534-1100 

Fax: 903-534-1137 

Email: efindlay@findlaycraft.com 

Email: bcraft@findlaycraft.com 

Attorneys for The Home Depot, Inc. and 

Home Depot U.S.A., Inc.

/s/ Robert C. Mattson 

Robert F. Kramer 

CA Bar No. 181706 (Admitted E.D. Texas) 

rkramer@krameralberti.com 

David Alberti 

CA Bar No. 220265 (Admitted E.D. Texas) 

dalberti@krameralberti.com 

Sal Lim 

CA Bar No. 211836 (Admitted E.D. Texas) 

slim@krameralberti.com 

Russel S. Tonkovich 

CA Bar No. 233280 (Admitted E.D. Texas) 

rtonkovich@krameralberti.com 

Robert C. Mattson (pro hac vice) 

VA Bar No. 34568 

rmattson@krameralberti.com 

KRAMER ALBERTI LIM 

& TONKOVICH & LLP 

577 Airport Blvd., Ste 250 

Burlingame, CA 94010 

Telephone: 650-825-4300 

Facsimile: 650-460-8443 

THE DACUS FIRM, P.C. 

Deron R. Dacus 

ddacus@dacusfirm.com 

821 ESE Loop 323, Suite 430 

Tyler, TX 75701 

Telephone: 903-705-7233 

Facsimile: 903-581-2543 

Attorneys for RavenWhite Licensing LLC

Case 2:23-cv-00423-JRG-RSP Document 62 Filed 06/17/24 Page 3 of 4 PageID #: 868
CERTIFICATE OF CONFERENCE 

I hereby certify that the undersigned counsel conferred with counsel for Plaintiff. Plaintiff 

does not oppose the request sought in this motion. 

/s/ Nicholas G. Papastavros

CERTIFICATE OF SERVICE 

I hereby certify that on June 17, 2024, the foregoing was electronically filed with the 

CM/ECF system, which will send a notification of such filing to all counsel of record. 

/s/ Nicholas G. Papastavros

Attorney for The Home Depot, Inc. and 

Home Depot U.S.A., Inc. 

Case 2:23-cv-00423-JRG-RSP Document 62 Filed 06/17/24 Page 4 of 4 PageID #: 869