Luxpro Corporation v. Apple, Inc.

Filing 36

MOTION for Extension of Time to File Response/Reply as to 23 Motion to Dismiss Case for Failure to State a Claim and as to 25 MOTION to Transfer Case by Apple, Inc. (Crass, Kevin) Modified on 3/25/2009 to create link and edit text (cap).

Luxpro Corporation v. Apple, Inc.

Doc. 36

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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

REVISED 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 Reply in support of Defendant's Motion to Transfer Venue and Brief Thereof is due March 30, 2009.1
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A previous Motion mistakenly identified this deadline as March 23, 2009.

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6.

Defendant has requested an agreement with Plaintiff's counsel to allow it an

additional seven (7) day extension of time in which to Reply to Plaintiff's Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim, as well as Reply in support of Defendant's Motion to Transfer Venue. 7. Plaintiff's counsel has kindly agreed.

WHEREFORE, Defendant, Apple Inc. f/k/a Apple Computer, Inc., LLC, requests the Court to enter an Order allowing it up to and including April 6, 2009, in which to Reply to Plaintiff's Response to Defendant Apple Inc.'s Motion to Dismiss for Failure to State a Claim, as well as Reply in support of Defendant's Motion to Transfer Venue.

Respectfully submitted, JAMES M. PRATT, JR. Attorney at Law Post Office Box 938 Camden, Arkansas 71701-0938 Telephone: [phone] [e-mail]

KEVIN A. CRASS (84029) FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201-3522 Telephone: [phone] [e-mail] Attorneys for Defendant, Apple Inc. f/k/a Apple Computer, Inc.

BY: /s/ Kevin A. Crass KEVIN A. CRASS

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OF COUNSEL: PENELOPE A. PREOVOLOS STUART C. PLUNKETT MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] [e-mail] [e-mail]

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:
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Richard A. Adams [e-mail],[e-mail],[e-mail] Phillip N. Cockrell [e-mail],[e-mail] Patrick J. Conroy [e-mail],[e-mail] Jeremy Young Hutchinson [e-mail],[e-mail] Glenn E. Janik [e-mail],[e-mail] Corey Darnell McGaha [e-mail],[e-mail],[e-mail],ssre [e-mail] Reid Davis Miller [e-mail],[e-mail] Nicholas H. Patton [e-mail],[e-mail] Leisa B. Pearlman [e-mail],[e-mail],[e-mail],k [e-mail] Patricia L. Peden [e-mail] Stuart Christopher Plunkett [e-mail],[e-mail] James M. Pratt , Jr [e-mail]

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· ·

Penelope A. Preovolos [e-mail],[e-mail] Sean F. Rommel [e-mail],[e-mail],[e-mail],kgar [e-mail]

/s/ Kevin A. Crass KEVIN A. CRASS (84029) FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201-3522 Telephone: [phone] [e-mail] Attorneys for Defendant, Apple Inc. f/k/a Apple Computer, Inc.

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