Luxpro Corporation v. Apple, Inc.

Filing 60

RESPONSE to Motion re 59 MOTION for Leave to File Second Amended Complaint Stipulation of Parties Agreeing to the filing of Second Amended Complaint and Extension of Time to Respond to Second Amended Complaint and Proposed Order filed by Apple, Inc.. (Pratt, James)

Luxpro Corporation v. Apple, Inc.

Doc. 60

Case 4:08-cv-04092-HFB Document 60

Filed 12/22/09 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

LUXPRO CORPORATION, a Taiwanese ) ) Corporation, ) Plaintiff, ) ) Civil Action No. 4:08-CV-04092-HFB v. ) ) APPLE, INC. f/k/a Apple Computer, ) Inc., ) ) ) Defendant. ) STIPULATION AND [PROPOSED] ORDER RE MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT

Plaintiff Luxpro Corporation ("Luxpro") and Defendant Apple Inc. ("Apple"), by and through their undersigned counsel, hereby stipulate and agree as follows: WHEREAS, on December 19, 2008, Apple filed a motion to dismiss Luxpro's First Amended Complaint; WHEREAS, on September 1, 2009, following briefing by the parties, the Court held a hearing on the motion to dismiss; WHEREAS, on September 28, 2009, the Court issued an order granting in part and denying in part Apple's motion, and directing Luxpro to file an amended complaint within 14 days; WHEREAS, Luxpro's deadline for filing an amended complaint was extended to December 7, 2009;

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Case 4:08-cv-04092-HFB Document 60

Filed 12/22/09 Page 2 of 4

WHEREAS, on December 7, 2009, Luxpro filed a Motion for Leave to File Second Amended Complaint and Brief in Support ("Motion For Leave to Amend"), and attached a copy of the proposed Second Amended Complaint; WHEREAS, Apple does not oppose the Motion for Leave to file Second Amended Complaint; WHEREAS, Apple has requested an extension until January 29, 2010, to respond to the Second Amended Complaint; WHEREAS, Luxpro does not oppose Apple's requested extension of time to respond to the Second Amended Complaint up to and including January 29, 2010; WHEREAS, Luxpro, by not opposing an extension of time for Apple to file a response to the Second Amended Complaint, does not waive any arguments and/or defenses it may have to the filing of the response or to the substance of any such response; and WHEREAS, Apple, by not opposing the Motion for Leave to Amend and by stipulating to the filing of the Second Amended Complaint, does not waive any arguments and/or defenses it may have to the matters contained in the Second Amended Complaint. THEREFORE, the parties agree that: 1. The unopposed Motion For Leave to Amend should be granted, and the Second

Amended Complaint should be filed with the Court. 2. Complaint. IT IS SO STIPULATED. Apple shall have until January 29, 2010 to respond to the Second Amended

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Case 4:08-cv-04092-HFB Document 60

Filed 12/22/09 Page 3 of 4

/s/ James M. Pratt, Jr._____ JAMES M. PRATT, JR. Arkansas Bar No.: 74124 144 Washington Street, Northwest P.O. Box 938 Camden, Arkansas 71701-0938 Telephone: [phone] Email: [e-mail] KEVIN A. CRASS Arkansas Bar No.: 84029 FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue Suite 2000 Little Rock, Arkansas 72201-3522 Telephone: [phone] Email: [e-mail] STUART C. PLUNKETT California Bar No.: 187971 PENNY A. PREOVOLOS California Bar No.: 87607 MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Telephone: [phone] Email: [e-mail] Attorneys for Defendant Apple Inc. /s/ Phillip N. Cockrell_____ Richard A. Adams Arkansas Bar No.: 97036 Philip N. Cockrell Arkansas Bar No.: 79154 Corey D. McGaha Arkansas Bar No.: 2003047 PATTON ROBERTS PLLC 2900 St. Michael Drive, Suite 400 Texarkana, Texas 75505-6128 Telephone: [phone] Fax: [phone]

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Case 4:08-cv-04092-HFB Document 60

Filed 12/22/09 Page 4 of 4

Jeremy Y. Hutchison Arkansas Bar No.: 2006145 PATTON ROBERTS PLLC 111 Center St., Suite 1315 Little Rock, AR 72201 Telephone: [phone] Fax: [phone] 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: [phone] Fax: [phone] Attorneys for Plaintiff Luxpro Corporation * * *

Pursuant to the above stipulation, it is hereby ORDERED that the unopposed Motion for Leave to File Second Amended Complaint is granted and Luxpro shall file the Second Amended Complaint forthwith. Apple shall have until January 29, 2010 to respond to the Second Amended Complaint. Dated: ____________________________________ Harry F. Barnes, Judge United States District Court

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