Luxpro Corporation v. Apple, Inc.

Filing 63

MOTION for Extension of Time to File Response/Reply by Apple, Inc.. (Attachments: # 1 Supplement Proposed Order)(Pratt, James)

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Luxpro Corporation v. Apple, Inc. Doc. 63 Case 4:08-cv-04092-HFB Document 63 Filed 01/06/10 Page 1 of 4 IN THE UNITED STATE DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LUXPRO CORPORATION, a Taiwanese Corporation vs. CASE NO. 4:08CV04092-HFB Defendant Plaintiff APPLE, INC. f/k/a Apple Computer, Inc., UNOPPOSED MOTION FOR EXTENSION OF TIME Comes now the defendant, Apple, Inc. f/k/a Apple Computer, Inc., and for this, its unopposed motion for extension of time to respond to plaintiff, Luxpro Corporation's second amended complaint, states: 1. That Luxpro filed its original complaint on October 10, 2008, and its first amended complaint on October 20, 2008. 2. That on December 19, 2008, Apple filed a motion to dismiss Luxpro's first amended complaint. On September 28, 2009, the Court granted in part and denied in part Apple's motion to dismiss. In that order, the Court directed Luxpro to file a second amended complaint. 3. That Luxpro timely filed its second amended complaint on December 29, 2009. In an earlier order (Doc. 53) , the Court directed Apple to file its response to the second amended complaint within twenty (20) days of it being filed, making Apple's response due no later than January 18, 2010. Dockets.Justia.com Case 4:08-cv-04092-HFB Document 63 Filed 01/06/10 Page 2 of 4 4. That due to the complexity of the issues raised by Luxpro's second amended complaint and Apple's desire to adequately respond, Apple needs additional time. Accordingly, pursuant to Rules 6 and 15 of the Federal Rules of Civil Procedure, Apple requests an extension of time to file its response to the second amended complaint, up to and including January 29, 2010. 5. may be done. 6. That counsel for Apple has conferred with counsel for Luxpro and Luxpro That this request is not made for the purpose of delay, but so that justice does not oppose this request. (See, Stipulation, Doc 60). WHEREFORE, PREMISES CONSIDERED, Apple respectfully requests that the time for filing its response to Luxpro's second amended complaint be extended from January 18, 2010, to January 29, 2010. Respectfully submitted, /s/ James M. Pratt, Jr. JAMES M. PRATT, JR. Arkansas Bar No: 74124 144 Washington Street, Northwest P.O. Box 938 Camden, Arkansas 71701 Telephone: (870) 836-7328 Email: jamiepratt@cablelynx.com and Case 4:08-cv-04092-HFB Document 63 Filed 01/06/10 Page 3 of 4 KEVIN A. CRASS Arkansas Bar No: 84029 Friday, Eldredge & Clark, LLP 400 West Capitol Avenue Suite 200 Little Rock, AR 72201-3522 Telephone: (501) 376-0211 Email: crass@fec.net and STUART C. PLUNKETT California Bar No. 187971 Email: splunkett@mofo.com PENELOPE A. PREOVOLOS California Bar No. 87607 Email: PPreovolos@mofo.com MORRISON & FOESTER, LLP. 425 Market Street San Francisco, CA 94105 Telephone: (415) 268-7000 CERTIFICATE OF CONFERENCE Counsel for defendant has conferred with counsel for plaintiff in order to determine whether the relief requested in this motion of opposed. Counsel for the defendant has been advised that plaintiff does not oppose the relief requested. /s/ James M. Pratt, Jr. James M. Pratt, Jr. Case 4:08-cv-04092-HFB Document 63 Filed 01/06/10 Page 4 of 4 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, this 6th day of January, 2010. /s/James M. Pratt, Jr. James M. Pratt, Jr.