Mirror Worlds, LLC v. Apple, Inc.

Filing 38

First MOTION for Extension of Time to Complete Discovery AGREED MOTION FOR EXTENTION OF TIME by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Stefani)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 38 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC Plaintiff, v. APPLE INC. Defendant. Civil Action No. 6:08-CV-88 (LED) JURY TRIAL DEMANDED AGREED MOTION FOR EXTENSION OF TIME PLAINTIFF Mirror Worlds LLC ("Mirror Worlds") and DEFENDANT Apple Inc. ("Apple") file this Agreed Motion for Extension of Time to extend their October 20, 2008 deadlines by two weeks to November 3, 2008, and in support thereof would show the Court the following: In the September 10, 2008 Agreed Discovery Order ("DO"), the Court entered the following due dates: Initial Disclosures pursuant to Section 1 of the DO are due October 20, 2008 (Section 1 of the DO); and damages disclosures pursuant to Section 2.C of the DO are due October 20, 2008. In the September 18, 2008 Docket Control Order ("DCO"), the Court entered an October 20, 2008 due date for (i) compliance with P.R. 3-3 and 3-4, (ii) joinder of additional parties, (iii) assertion of counterclaims, and (iv) addition of inequitable conduct claims to the pleadings. The parties have met and conferred and agreed to a two week extension of time to meet each of these October 20, 2008 deadlines. Accordingly, the parties respectfully request that: AGREED MOTION FOR EXTENSION OF TIME Dockets.Justia.com (1) the due date for compliance with Section 1 of the DO be extended from October 20, 2008 to November 3, 2008; (2) the due date for compliance with Section 2.C of the DO be extended from October 20, 2008 to November 3, 2008; and (3) the due date for (i) compliance with P.R. 3-3 and 3-4, (ii) joinder of additional parties, (iii) assertion of counterclaims, and (iv) addition of inequitable conduct claims to the pleadings be extended from October 20, 2008 to November 3, 2008. A proposed order is attached. Dated: October 20, 2008 AGREED MOTION FOR EXTENSION 2 Respectfully submitted, /s/ 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 (Pro Hac Vice) Kenneth Stein (Pro Hac Vice) Richard An (Pro Hac Vice) JENNER & BLOCK, LLP 919 Third Avenue, 37th Floor New York, NY 10022-3908 212-891-1600 (Telephone) 212-891-1699 (Facsimile) jdiamte@jenner.com ran@jenner.com Attorneys for Plaintiff MIRROR WORLDS, LLC Eric M. Albritton Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 (903) 757-8449 (Telephone) (903) 758-7397 (Facsimile) ema@emafirm.com Attorneys for Defendant APPLE INC. /s/ Matthew Powers Texas State Bar No. 12457 Lead Attorney Sonal N. Mehta (Pro Hac 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) sonal.mehta@weil.com stefani.smith@weil.com AGREED MOTION FOR EXTENSION 3 CERTIFICATE OF SERVICE This is to certify 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 CV-5(a)(3) on this the 20th day of October, 2008. /s/ Jill Sutherland AGREED MOTION FOR EXTENSION OF TIME