UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division
NOTICE OF APPEARANCE OF COUNSEL FOR DEFENDANTS NORTHGATE TELECOMMUNICATIONS PLC AND NORTHGATE NETWORKS AMERICA INC.
TO THE CLERK OF COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE that the law firm of Calderwood & Harkness LLP hereby enters its appearance as counsel of record for Defendants Northgate Telecommunications PLC ("Northgate" or "NTP"), a public limited company organized under the laws of England and Wales (Company No. 07824561), with its principal office at 14 Broadwall Lane, London SE1 9PQ, United Kingdom, and Northgate Networks America Inc. ("NNA"), a corporation organized under the laws of the State of Delaware (EIN: 54-3298176), with its principal office at 8200 Dulles Corner Boulevard, Suite 1100, Tysons Corner, Virginia 22182 (collectively, the "Northgate Defendants" or "Defendants"), in all proceedings, hearings, conferences, and other matters arising in the above-captioned action.
This civil action was commenced by the filing of a Complaint by Plaintiff Ridgepoint Communications Inc. ("Ridgepoint" or "Plaintiff") on September 19, 2022, asserting claims against the Northgate Defendants under Section 2 of the Sherman Antitrust Act, 15 U.S.C. § 2, and related causes of action. Calderwood & Harkness LLP intends to represent the Northgate Defendants in connection with all aspects of this litigation, including all pretrial, trial, and post-trial proceedings.
I. IDENTIFICATION OF APPEARING ATTORNEYS
The following attorneys of Calderwood & Harkness LLP hereby enter their appearance as counsel on behalf of Defendants Northgate Telecommunications PLC and Northgate Networks America Inc.:
A. Elaine Forsythe
Role: Responsible Partner, Antitrust & Competition Practice Group
Bar Admissions: Member in good standing of the Bar of the United States District Court for the Eastern District of Virginia; member in good standing of the Virginia State Bar (Bar No. 78432)
Office Address: Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005
Telephone: (202) 555-7100 Email: eforsythe@calderwoodharkness.com
B. Howard Bellamy
Role: Partner, Antitrust & Competition Practice Group
Bar Admissions: Member in good standing of the New York State Bar (Bar No. 4619827). Mr. Bellamy is not currently a member of the Bar of the United States District Court for the Eastern District of Virginia. A Motion for Admission Pro Hac Vice is being filed contemporaneously with this Notice of Appearance pursuant to Local Civil Rule 83.1(D), seeking leave for Mr. Bellamy to appear and participate in this action. Mr. Bellamy's appearance in this matter is subject to the granting of said motion.
Office Address: Calderwood & Harkness LLP 450 Lexington Avenue, 35th Floor New York, NY 10017
Telephone: (212) 555-3400 Email: hbellamy@calderwoodharkness.com
C. Aaron Liu
Role: Lead Associate, Antitrust & Competition Practice Group
Bar Admissions: Member in good standing of the Bar of the United States District Court for the Eastern District of Virginia; member in good standing of the District of Columbia Bar (Bar No. 1087654)
Office Address: Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005
Telephone: (202) 555-7148 Email: aliu@calderwoodharkness.com
D. Monica Reyes
Role: Associate, Antitrust & Competition Practice Group
Bar Admissions: Member in good standing of the Bar of the United States District Court for the Eastern District of Virginia; member in good standing of the Virginia State Bar (Bar No. 92714)
Office Address: Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005
Telephone: (202) 555-7162 Email: mreyes@calderwoodharkness.com
II. DESIGNATION OF LEAD COUNSEL AND SERVICE INFORMATION
Defendants respectfully request that all pleadings, notices, motions, orders, memoranda, briefs, discovery materials, correspondence, and all other papers in this action be served upon lead counsel at the following address:
Elaine Forsythe (Lead Counsel / Attorney of Record for Service) Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005 Telephone: (202) 555-7100 Facsimile: (202) 555-7199
Email: eforsythe@calderwoodharkness.com
With a courtesy copy to:
Howard Bellamy Calderwood & Harkness LLP 450 Lexington Avenue, 35th Floor New York, NY 10017 Telephone: (212) 555-3400 Facsimile: (212) 555-3499
Email: hbellamy@calderwoodharkness.com
Counsel respectfully request that the Clerk of Court update the docket to reflect the foregoing designation and service information. All communications directed to Defendants through the Court's CM/ECF system should be transmitted to each of the email addresses identified in Section I above.
III. STATEMENT REGARDING CLIENTS
Calderwood & Harkness LLP has been duly retained by, and appears on behalf of, both named Defendants in this action, as follows:
1. Northgate Telecommunications PLC — a public limited company organized and existing under the laws of England and Wales, registered with Companies House under Company No. 07824561, with American Depositary Receipts ("ADRs") listed on the Nasdaq Stock Market under the ticker symbol "NTP," and maintaining its global headquarters at 14 Broadwall Lane, London SE1 9PQ, United Kingdom. Northgate Telecommunications PLC is a multinational telecommunications company engaged in the design, manufacture, and deployment of wireline and wireless network infrastructure, software-defined networking solutions, and managed network services.
2. Northgate Networks America Inc. — a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 8200 Dulles Corner Boulevard, Suite 1100, Tysons Corner, Virginia 22182. Northgate Networks America Inc. is a wholly owned U.S. operating subsidiary of Northgate Telecommunications PLC and conducts Northgate's business operations within the United States, including sales, service, and support of telecommunications equipment and network solutions.
Catherine Ng, U.S. Deputy General Counsel of Northgate Networks America Inc., has authorized this appearance on behalf of both Defendants. Undersigned counsel confirms that proper authorization has been obtained from each Defendant for Calderwood & Harkness LLP to act as counsel of record in this proceeding. Counsel further represents that no conflict of interest exists with respect to the joint representation of both Defendants in this matter.
IV. REQUEST FOR SERVICE OF ALL PAPERS
Defendants, by and through their undersigned counsel, respectfully request that the Clerk of Court and all parties to this action serve all future papers, pleadings, motions, orders, notices, discovery requests and responses, subpoenas, correspondence, and any other documents filed or issued in connection with this proceeding upon counsel for Defendants at the addresses set forth in Section II above. Defendants consent to electronic service through the Court's CM/ECF system in accordance with the Local Civil Rules of this Court.
V. COMPLIANCE WITH LOCAL RULES
This Notice of Appearance is filed in compliance with the Local Civil Rules of the United States District Court for the Eastern District of Virginia. Undersigned counsel Elaine Forsythe, Aaron Liu, and Monica Reyes are each members in good standing of the Bar of this Court and are eligible to practice before this Court without further application.
With respect to Howard Bellamy, who is a member of the Bar of the State of New York but is not admitted to practice before this Court, a separate Motion for Admission Pro Hac Vice pursuant to Local Civil Rule 83.1(D) is being filed contemporaneously herewith. The Motion for Admission Pro Hac Vice is accompanied by the requisite application, verified statement, and filing fee as required by the Local Rules. Elaine Forsythe, a member of the Bar of this Court, will serve as local sponsoring counsel for Mr. Bellamy's pro hac vice admission in accordance with Local Civil Rule 83.1(D). Mr. Bellamy's participation in this action will be contingent upon and subject to the Court's granting of such motion.
All counsel identified herein certify their familiarity with, and agree to be bound by, the Local Civil Rules of this Court, including but not limited to the requirements of Local Civil Rule 7 (regarding briefing and motions practice), Local Civil Rule 16 (regarding pretrial procedures and scheduling), and Local Civil Rule 26 (regarding discovery procedures), as well as any standing orders and individual practice preferences of the Honorable Claudia M. Wentworth.
Respectfully submitted,
October 3, 2022
CALDERWOOD & HARKNESS LLP
By: /s/ Elaine Forsythe
________________________________________
Elaine Forsythe (Virginia State Bar No. 78432) Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005 Telephone: (202) 555-7100 Facsimile: (202) 555-7199
Email: eforsythe@calderwoodharkness.com
Counsel for Defendants Northgate Telecommunications PLC and Northgate Networks America Inc.
/s/ Howard Bellamy
________________________________________
Howard Bellamy (New York State Bar No. 4619827) Calderwood & Harkness LLP 450 Lexington Avenue, 35th Floor New York, NY 10017 Telephone: (212) 555-3400 Facsimile: (212) 555-3499
Email: hbellamy@calderwoodharkness.com
(Pro Hac Vice Motion Pending)
/s/ Aaron Liu
________________________________________
Aaron Liu (D.C. Bar No. 1087654) Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005 Telephone: (202) 555-7148
Email: aliu@calderwoodharkness.com
/s/ Monica Reyes
________________________________________
Monica Reyes (Virginia State Bar No. 92714) Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005 Telephone: (202) 555-7162
Email: mreyes@calderwoodharkness.com
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of October, 2022, the foregoing Notice of Appearance of Counsel for Defendants Northgate Telecommunications PLC and Northgate Networks America Inc. was filed with the Clerk of Court for the United States District Court for the Eastern District of Virginia via the Court's CM/ECF electronic filing system. Pursuant to the Court's electronic filing procedures, the CM/ECF system will automatically generate and transmit a Notice of Electronic Filing to all counsel of record who are registered users of the system, thereby effecting service upon all parties entitled to notice. The following counsel of record will be served via the CM/ECF system:
Victoria Hargrove Hargrove, Winslow & Burke LLP 900 17th Street NW, Suite 600 Washington, D.C. 20006 Counsel for Plaintiff Ridgepoint Communications Inc.
Daniel Stoyanov Hargrove, Winslow & Burke LLP 900 17th Street NW, Suite 600 Washington, D.C. 20006 Counsel for Plaintiff Ridgepoint Communications Inc.
/s/ Elaine Forsythe
________________________________________
Elaine Forsythe
RIDGEPOINT COMMUNICATIONS INC.,
a Delaware corporation,
<!-- indent:1 -->3500 Market Street, Suite 700<!-- /indent -->
<!-- indent:1 -->Philadelphia, PA 19104<!-- /indent -->
<!-- indent:2 -->Plaintiff,<!-- /indent -->
| v. | Civil Action No. 1:22-cv-01487-CMW |
| NORTHGATE TELECOMMUNICATIONS PLC, | The Honorable Claudia M. Wentworth |
a public limited company organized under the
laws of England and Wales, and
NORTHGATE NETWORKS AMERICA INC.,
a Delaware corporation,
<!-- indent:2 -->Defendants.<!-- /indent -->