Case 9:11-cv-80880-KLR Document 65 Entered on FLSD Docket 05/01/2012 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA QSGI, INC., Plaintiff, v. IBM GLOBAL FINANCING and INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendants.

Case No. 9:11-cv-80880-KLR

DEFENDANTS MOTION FOR EXPEDITED BRIEFING ON IBMS MOTION TO COMPEL COMPLIANCE WITH MARCH 16, 2012 ORDER AND FOR SANCTIONS FOR NONCOMPLIANCE
Defendants IBM Global Financing and International Business Machines Corporation (collectively, IBM or Defendants) hereby move this Court to grant IBMs request for expedited briefing and consideration of its Motion to Compel Compliance With March 16, 2012 Order and For Sanctions For Noncompliance. The grounds supporting this motion are set forth in the accompanying memorandum of law.

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Dated: May 1, 2012 Respectfully submitted, /s/ Laura Besvinick Laura Besvinick Florida Bar No. 391158 HOGAN LOVELLS US LLP 200 South Biscayne Blvd. Suite 400 Miami, FL 33131 Telephone: 305-459-6500 Facsimile: 305-459-6550 Laura.Besvinick@HoganLovells.com Evan R. Chesler* Richard J. Stark* Teena-Ann V. Sankoorikal* CRAVATH, SWAINE & MOORE LLP Worldwide Plaza 825 Eighth Avenue New York, NY 10019 Telephone: 212-474-1000 Facsimile: 212-474-3700 echesler@cravath.com rstark@cravath.com tsankoorikal@cravath.com Ty Cobb* Eric J. Stock* HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 Telephone: 202-637-5600 Facsimile: 202-637-5910 Ty.Cobb@HoganLovells.com Eric.Stock@Hoganlovells.com *Admitted Pro Hac Vice Counsel for Defendants IBM Global Financing and International Business Machines Corporation

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA QSGI, INC., Plaintiff, v. IBM GLOBAL FINANCING and INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendants.

Case No. 9:11-cv-80880-KLR

DEFENDANTS MEMORANDUM OF LAW IN SUPPORT OF IBMS MOTION FOR EXPEDITED BRIEFING ON IBMS MOTION TO COMPEL COMPLIANCE WITH MARCH 16, 2012 ORDER AND FOR SANCTIONS FOR NONCOMPLIANCE
Defendants IBM Global Financing and International Business Machines Corporation (collectively, IBM or Defendants) respectfully request expedited briefing on their Motion to Compel Compliance With March 16, 2012 Order and For Sanctions For Noncompliance (Motion). The following grounds support this request. 1. IBM served its Document Requests on November 11, 2011 and its

Interrogatories on December 6, 2011, respectively (collectively, Discovery Requests). At the filing of this motion, more than 150 days have elapsed since IBM first served its Document Requests and more than 120 days have elapsed since IBM first served its Interrogatories. QSGIs failure timely to serve responses to IBMs Discovery Requests forced IBM to seek a motion to compel these responses. 2. The Court granted in relevant part IBMs motion to compel on March 16, 2012,

and ordered that QSGI completely respond to [IBMs] pending discovery requests by April 2, 2012. It is now May 1, 2012 and QSGI still has not responded completely to IBMs Discovery Requests. QSGIs response to date is woefully incomplete. QSGI has not sufficiently answered

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IBMs Interrogatories and, as far as IBM can tell, has not produced documents in its possession responsive to IBMs Document Requests. 3. QSGIs failure to serve complete and compliant discovery responses continues to

prejudice IBMs ability to prepare its defense. Discovery (including expert discovery) is set to close less than three months from now. 4. Each day that passes without QSGIs complete response further hampers IBMs

ability adequately to defend itself in this suit. IBMs good faith efforts to secure QSGIs compliance with the Courts March 16, 2012 Order have been rebuffed at every turn, and IBM now for a second time must move to compel responses to its Discovery Requests. Given the impending close of fact discovery and QSGIs continued noncompliance with the Courts Order, an expedited decision on IBMs Motion is needed. 5. For these reasons, IBM respectfully requests expedited briefing, and specifically

requests that QSGI be ordered to serve an opposing memorandum of law no later than seven (7) days after service of the Motion, and that IBM be ordered to serve its reply no later than four (4) days after service of QSGIs response.

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Dated: May 1, 2012 Respectfully submitted, /s/ Laura Besvinick Laura Besvinick Florida Bar No. 391158 HOGAN LOVELLS US LLP 200 South Biscayne Blvd. Suite 400 Miami, FL 33131 Telephone: 305-459-6500 Facsimile: 305-459-6550 Laura.Besvinick@HoganLovells.com Evan R. Chesler* Richard J. Stark* Teena-Ann V. Sankoorikal* CRAVATH, SWAINE & MOORE LLP Worldwide Plaza 825 Eighth Avenue New York, NY 10019 Telephone: 212-474-1000 Facsimile: 212-474-3700 echesler@cravath.com rstark@cravath.com tsankoorikal@cravath.com Ty Cobb* Eric J. Stock* HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 Telephone: 202-637-5600 Facsimile: 202-637-5910 Ty.Cobb@HoganLovells.com Eric.Stock@Hoganlovells.com *Admitted Pro Hac Vice Counsel for Defendants IBM Global Financing and International Business Machines Corporation

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 1st day of May 2012, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.

/s/ Laura Besvinick Laura Besvinick Florida Bar No. 391158

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QSGI, INC. SERVICE LIST Juan Pablo Bauta, II Ferraro Law Firm 4000 Ponce de Leon Blvd Suite 700 Miami, FL 33146 Phone: 305-375-0111 Fax: 305-379-6222 Case A. Dam Ferraro Law Firm 4000 Ponce de Leon Blvd Suite 700 Miami, FL 33146 Phone: 305-375-0111 Fax: 305-379-6222 Email: cxd@ferrarolaw.com

Case 9:11-cv-80880-KLR Document 65-1 Entered on FLSD Docket 05/01/2012 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA QSGI, INC., Plaintiff, v. IBM GLOBAL FINANCING and INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendants.

Case No. 9:11-cv-80880-KLR

[PROPOSED] ORDER
Defendants IBM Global Financing (IGF) and International Business Machines Corporation (IBM) having filed a Motion For Expedited Briefing on IBMs Motion to Compel Compliance With March 16, 2012 Order and For Sanctions For Noncompliance, and the Court being duly advised in the premises, it is hereby ORDERED and ADJUDGED that Defendants motion is GRANTED as follows: Plaintiffs have seven (7) days after service of the aforementioned motion to serve an opposing memorandum of law, and Defendants have four (4) days after service of Plaintiffs response to serve their reply. DATED: this ________________ day of _____________________, 2012.

________________________________ Kenneth L. Ryskamp SENIOR UNITED STATES DISTRICT JUDGE