Luxpro Corporation v. Apple, Inc.

Filing 30

Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim by Luxpro Corporation. (Adams, Richard)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LUXPRO CORPORATION, a Taiwanese ) corporation, ) ) Plaintiff, ) ) vs. ) ) APPLE, INC. f/k/a Apple Computer, ) Inc., ) ) Defendant. ) Civil Action No. 4:08cv04092-HFB UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS AND MOTION TO TRANSFER Plaintiff respectfully moves this Court for an order granting Plaintiff an extension of time in which to file a response to Defendant Apple, Inc.'s Motion to Dismiss (Dkt. No. 23) and Motion to Transfer (Dkt. No. 25), and would show the Court as follows: 1. On December 19, 2008, Apple, Inc. filed its Motion to Dismiss for Failure to State a Claim, and its Motion to Transfer, together with memoranda in support. Plaintiff received from Defendant's counsel on January 19, 2009 an agreement to extend the due dates of Plaintiff's responses to such Motions in return for an extension of time for the due date for the filing of Defendant's replies to such responses. 2. Plaintiff is in need of such additional time to prepare and file its responses to Defendant's Motions, and counsel for Defendant has agreed that Plaintiff may have to and including February 23, 2009 in which to respond to Defendant's Motion to Dismiss and Motion to Transfer. 3. Counsel for Plaintiff has agreed that Defendant may have four weeks in which to reply to Plaintiff's responses, to and including March 23, 2009. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays the Court to enter an order extending the time for Plaintiff to file its Response to Defendant Apple, Inc.'s Motion to Dismiss and Motion to Transfer to and including February 23, 2009, and extending the time for Defendant to reply to Plaintiff's responses to and including March 23, 2009. Respectfully Submitted, /s/ Richard A. Adams_________ Richard A. Adams Ark. Bar No. 97036 Phillip N. Cockrell Ark. Bar No. 79154 Corey D. McGaha Ark. Bar No. 2003047 PATTON ROBERTS PLLC 2900 St. Michael Drive, Suite 400 Texarkana, Texas 75505-6128 Phone: (903) 334-7000 Fax: (903) 334-7007 Jeremy Y. Hutchinson Ark. Bar No. 2006145 PATTON ROBERTS PLLC 111 Center St., Suite 1315 Little Rock, AR 72201 Telephone: (501) 372-3480 Facsimile: (501) 372-3488 Patrick J. Conroy Pro Hac Vice Glenn E. Janik Pro Hac Vice SHORE CHAN BRAGALONE LLP Bank of America Plaza 901 Main Street, Suite 3300 2 Dallas, Texas 75202 Telephone: (214) 593-9110 Facsimile: (214) 593-9111 Nicholas H. Patton Arkansas State Bar No. 63035 PATTON TIDWELL & SCHROEDER, LLP 4605 Texas Boulevard, P. O. Box 5398 Texarkana, Texas 75505-5398 Telephone: (903) 792-7080 Facsimile: (903) 792-8233 ATTORNEYS FOR PLAINTIFF LUXPRO CORPORATION CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV5(a)(3), this 22nd day of January, 2009. /s/ Richard A. Adams________ Richard A. Adams 3