Luxpro Corporation v. Apple, Inc.

Filing 73

Unopposed MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Dismiss the Second Amended Complaint by Luxpro Corporation. (Cockrell, Phillip)

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 APPLE'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT 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 Plaintiff's Second Amended Complaint (Dkt. No. 66), and would show the Court as follows: 1. On February 26, 2010, Apple, Inc. filed its Motion to Dismiss Plaintiff's Second Amended Complaint, together with brief in support. Luxpro's response is currently due on March 22, 2010. 2. Due to the complexity of the issues presented in the motion to dismiss and scheduling conflicts, Plaintiff is in need of additional time to prepare and file its response to Defendant's Motion, and counsel for Defendant does not oppose an extension to and including Monday, March 29, 2010, for Plaintiff to respond to Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint. 3. response. 4. be done. This is Plaintiff's second request for an extension of time to file this This request is not made for the purpose of delay, but so that justice may 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 Plaintiff's Second Amended Complaint to and including, Monday, March 29, 2010. Respectfully Submitted, /s/ Phillip N. Cockrell_________ Richard A. Adams Ark. Bar No. 97036 Phillip N. Cockrell Ark. Bar No. 79154 Corey D. McGaha Ark. Bar No. 2003047 Leisa B. Pearlman Ark. Bar No. 92070 Reid Miller Ark. Bar No. 2008264 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 2 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 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 CONFERENCE Counsel for Plaintiff has conferred with counsel for Defendant in order to determine whether the relief requested in this motion is opposed. Counsel for Plaintiff has been advised that Defendant does not oppose the relief requested. /s/ Phillip N. Cockrell Phillip N. Cockrell 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 19th day of March, 2009. /s/ Phillip N. Cockrell Phillip N. Cockrell 3