Digital Background Corporation v. Apple, Inc.

Filing 8

Consent MOTION for Extension of Time to File Answer or Otherwise Plead by Apple, Inc.. (Gutzler, Greg)

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Digital Background Corporation v. Apple, Inc. Doc. 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS EAST ST. LOUIS DIVISION DIGITAL BACKGROUND CORPORATION, Plaintiff, v. APPLE, INC. Defendant. ) ) ) ) ) ) ) ) ) Case No. 3:07-CV-00803-WDS-CJP CONSENT MOTION FOR EXTENSION OF TIME TO PLEAD Defendant, Apple, Inc. ("Apple"), respectfully moves the Court for an extension of time, to and including January 22, 2008, within which to file and serve its responsive pleadings and/or motions in the above styled cause. In support of this motion, Apple states that the additional time is required to adequately investigate the facts and allegations contained in plaintiff's Complaint so that Apple may properly respond. The requested thirty day extension will not prejudice plaintiff nor impact on the scheduling of this case, and counsel for plaintiff has consented to the requested extension. Dated: December 18, 2007. Respectfully submitted, HUSCH & EPPENBERGER, LLC By:_/s/__Greg G. Gutzler ___________ Joseph P. Conran joe.conran@husch.com Greg G. Gutzler greg.gutzler@husch.com Dutro E. Campbell bruce.campbell@husch.com 190 Carondelet Plaza, Suite 600 St. Louis, MO 63105 Office: (314) 480-1500 Fax: (314) 480-1505 Attorneys for Defendant Apple, Inc. 2853946.01 Dockets.Justia.com CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing was filed electronically with the Clerk of Court and served by operation of the Court's electronic filing system to those attorneys of record with an email address indicated, this 18th day of December, 2007: Paul A. Lesko, Esq. plesko@simmonscooper.com Stephen C. Smith, Esq. Katharine A. Wark, Esq. SimmonsCooper LLC 707 Berkshire Boulevard Post Office Box 521 East Alton, IL 62024 Attorneys for Plaintiff Digital Background Corporation /s/ Greg G. Gutzler___________________ 2853946.01 2

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