Luxpro Corporation v. Apple, Inc.

Filing 35

***PLEASE DISREGARD - REFILED AS DOCUMENT 36 *** MOTION for Extension of Time to File Response/Reply by Apple, Inc. as to 23 Motion to Dismiss for Failure to State a Claim and as to 25 Motion to Transfer Case. (Crass, Kevin) Modified on 3/25/2009 to create document link and to note to disregard (cap).

Luxpro Corporation v. Apple, Inc. Doc. 35 Case 4:08-cv-04092-HFB Document 35 Filed 03/24/09 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LUXPRO CORPORATION VS. NO. 4-08-CV-4092 PLAINTIFF APPLE INC. f/k/a Apple Computer, Inc. DEFENDANT MOTION FOR EXTENSION OF TIME COMES now the Defendant, Apple Inc. f/k/a Apple Computer, Inc., and for its Motion for Extension of Time to respond to Plaintiff's Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim, as well as Plaintiff's Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof., states: 1. Defendant, Apple, Inc. filed a Motion to Dismiss for Failure to State a Claim and Brief in Support on December 19, 2008. 2. Defendant, Apple, Inc. also filed a Motion to Transfer and Brief in Support on December 19, 2008. 3. Plaintiff, Luxpro Corporation, filed a Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim on March 2, 2009. 4. Plaintiff, Luxpro Corporation, also filed a Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof on March 2, 2009 5. A Reply to Plaintiff's Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim, as well as Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof was due March 23, 2009. 739497.1 Dockets.Justia.com Case 4:08-cv-04092-HFB Document 35 Filed 03/24/09 Page 2 of 4 6. Defendant has requested an agreement with Plaintiff's counsel to allow it a seven day (7) day extension of time in which to respond to Plaintiff's Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim, as well as Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof. 7. 8. Plaintiff's counsel has kindly agreed. Defendant requests of the Court a seven (7) day extension of time from the date its Reply was due in which to file a pleading responsive to Plaintiff's Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim, as well as Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof, up to and including, March 30, 2009. WHEREFORE, Defendant, Apple Inc. f/k/a Apple Computer, Inc., LLC, requests the Court to enter an Order allowing it up to and including March 30, 2009, in which to respond to Plaintiff's Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim, as well as Plaintiff's Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof. Respectfully submitted, JAMES M. PRATT, JR. Attorney at Law Post Office Box 938 Camden, Arkansas 71701-0938 Telephone: 870-836-7328 jamiepratt@cablelynx.com KEVIN A. CRASS (84029) FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201-3522 2 739497.1 Case 4:08-cv-04092-HFB Document 35 Filed 03/24/09 Page 3 of 4 Telephone: (501) 376-2011 Crass@fec.net Attorneys for Defendant, Apple Inc. f/k/a Apple Computer, Inc. BY: /s/ Kevin A. Crass KEVIN A. CRASS OF COUNSEL: PENELOPE A. PREOVOLOS STUART C. PLUNKETT MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415-268-7000 ppreovolos@mofo.com splunkett@mofo.com CERTIFICATE OF SERVICE I, Kevin A. Crass, hereby certify that on March 24, 2009, the foregoing was electronically filed with the Clerk which shall send notification of such filing to the following: Richard A. Adams radams@pattonroberts.com,shicks@pattonroberts.com,mcosta@pattonroberts.com Phillip N. Cockrell pcockrell@pattonroberts.com,kharris@pattonroberts.com Patrick J. Conroy pconroy@shorechan.com,ldalton@shorechan.com Jeremy Young Hutchinson jhutchinson@pattonroberts.com,kbraswell@pattonroberts.com Glenn E. Janik gjanik@shorechan.com,ldalton@shorechan.com Corey Darnell McGaha cmcgaha@pattonroberts.com,shicks@pattonroberts.com,mcosta@pattonroberts.com,ssre balus@pattonroberts.com Reid Davis Miller rmiller@pattonroberts.com,shicks@pattonroberts.com Nicholas H. Patton nickpatton@texarkanalaw.com,mlong@texarkanalaw.com 3 739497.1 Case 4:08-cv-04092-HFB Document 35 Filed 03/24/09 Page 4 of 4 Leisa B. Pearlman lpearlman@pattonroberts.com,shicks@pattonroberts.com,pdesantis@pattonroberts.com,k garrett@pattonroberts.com Patricia L. Peden ppeden@pedenlawfirm.com Stuart Christopher Plunkett rpelletier@mofo.com,splunkett@mofo.com James M. Pratt , Jr jamiepratt@cablelynx.com Penelope A. Preovolos PPreovolos@mofo.com,kfranklin@mofo.com Sean F. Rommel srommel@pattonroberts.com,shicks@pattonroberts.com,mcosta@pattonroberts.com,kgar rett@pattonroberts.com /s/ Kevin A. Crass KEVIN A. CRASS (84029) FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201-3522 Telephone: (501) 376-2011 Crass@fec.net Attorneys for Defendant, Apple Inc. f/k/a Apple Computer, Inc. 4 739497.1