Mirror Worlds, LLC v. Apple, Inc.

Filing 23

First MOTION for Extension of Time to File Agreed Motion to Extend Deadlines by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Stephens, Garland)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC Plaintiff, vs. APPLE, INC. Defendant. Civil Action No. 6:08-CV-88 JURY TRIAL DEMANDED AGREED MOTION TO EXTEND DEADLINES Apple Inc. ("Apple") and Mirror Worlds, LLC ("Mirror Worlds") respectfully submit this Agreed Motion to extend the deadlines for submitting the agreed docket control and discovery orders as set in the Court's July 17, 2008 Order [D.I. 21]; to accordingly adjust the effective Rule 16 Scheduling Conference date; and to set Apple's deadline to comply with P.R. 3-3 and 3-4. In support thereof, Apple and Mirror Worlds would show the Court the following: In accordance with the Court's July 17, 2008 Order, the parties' agreed docket control and discovery orders are due July 28, 2008. In order that the parties may agree to a docket control order and discovery order that are reasonable in view of Mirror Worlds' August 15, 2008 disclosures and therefore reduce the need in the future to seek relief from the Court, the parties respectfully request that the deadlines for submitting agreed docket control order and discovery order be extended to September 2, 2008. Furthermore, because the Court's July 17, 2008 Order also set the effective Rule 16 Scheduling Conference date to be the same as the deadline for the parties' agreed docket control order and discovery order, the parties respectfully request that the effective Rule 16 Scheduling Conference date also be extended to September 2, 2008. Dockets.Justia.com Finally, the Court's Proposed Docket Control Order proposes a deadline for Apple's compliance with P.R. 3-3 and 3-4 at 55 days from when the agreed docket control order and discovery order are due. The parties respectfully request that Apple's deadline to comply with P.R. 3-3 and 3-4 be set at October 20, 2008. Counsel for Apple and counsel for Mirror Worlds have conferred and agree to this extension. A draft order granting the parties' agreed motion is attached hereto. Dated: July 28, 2008 Respectfully submitted, /s/ Otis Carroll Otis Carroll Texas Bar No. 03895700 Lead Attorney Deborah Race Texas Bar No. 16448700 IRELAND, CARROLL & KELLY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 903-561-1600 (Telephone) 903-581-1071 (Facsimile) fedserv@icklaw.com Of counsel: Joseph Diamante Kenneth Stein Richard An JENNER & BLOCK, LLP 919 Third Avenue, 37th Floor New York, NY 10022-3908 212-891-1600 (Telephone) 212-891-1699 (Facsimile) jdiamate@jenner.com ran@jenner.com Attorneys for Plaintiff MIRROR WORLDS, LLC /s/ Garland T. Stephens Garland T. Stephens Texas State Bar No. 24053910 Lead Attorney WEIL, GOTSHAL & MANGES LLP 700 Louisiana St., Suite 1600 Houston, Texas 77002 713-546-5000 (Telephone) 713-224-9511 (Facsimile) garland.stephens@weil.com Sonal N. Mehta (Pro Hace Vice) Stefani C. Smith (Pro Hac Vice) WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 650-802-3000 (Telephone) 650-802-3100 (Facsimile) Attorneys for Defendant APPLE INC. 2 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a) on this 28th day of July 2008. As of this date, all counsel of record that have consented to electronic service are being served with a copy of this document through the Court's CM/ECF system under Local Rule CV-5(a)(3)(A). /s/ Pauline Justice Pauline Justice 3