Energy Automation Systems, Inc. v. Xcentric Ventures, LLC et al

Filing 7

MOTION for Extension of Time to File Answer re 1 Complaint by Xcentric Ventures, LLC. (Watts, Talmage)

Energy Automation Systems, Inc. v. Xcentric Ventures, LLC et al

Doc. 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ENERGY AUTOMATION SYSTEMS, INC. Plaintiff, v. XCENTRIC VENTURES, LLC, ET AL, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case No.: 3-06-1079 Judge Trauger Magistrate -Judge Griffin

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Defendant Xcentric Ventures, L.L.C. ("Xcentric") respectfully moves for an extension of time to move, answer, or otherwise respond to Plaintiffs' Complaint to and including January 5, 2007. Plaintiffs' counsel has been consulted and this request has been agreed to. In further

support of this Motion, the Defendant states as follows: 1. Plaintiff filed its Complaint in this matter on November 6, 2006, naming Xcentric,

various d/b/a entities and Mr. Edward Magedson as defendants. At this time only Xcentric has been served. 2. The Defendant, Xcentric, has requested additional time in order to respond

appropriately to and including January 5, 2007. 3. Counsel for Plaintiffs has indicated in a written email exchange that there is no

opposition to this request.

Case 3:06-cv-01079

Document 7

Filed 12/29/2006

Page 1 of 3
Dockets.Justia.com

4.

This is Defendants Xcentric's first request for an extension of time to move,

answer, or otherwise respond to the Amended Complaint. Plaintiffs will not be prejudiced by the extension. 5. In making this motion, Defendant does not waive any defenses (including,

without limitation, personal jurisdiction, subject-matter jurisdiction, venue and failure to state a claim), objections, rights or claims. WHEREFORE, for the foregoing reasons, Defendant Xcentric respectfully moves this Court for an extension of time, until and including January 5, 2007, within which to move, answer, or otherwise respond to Plaintiffs' Complaint. Respectfully submitted, s/James A. Freeman James A. Freeman (BPR No. 003223) Talmage M. Watts (BPR No. 015298) JAMES A. FREEMAN & ASSOCIATES, P.C. 2804 COLU MBINE PL. Nashville, Tennessee 37204 Tel.: [phone] Fax: [phone] E-mail: [e-mail] & [e-mail] m

Case 3:06-cv-01079

Document 7

Filed 12/29/2006

Page 2 of 3

CERTIFICATE OF SERVICE Service of the foregoing was accomplished through the Court's Electronic Filing System upon the following on this 29th day of December, 2006: Jay S. Bowen, Esq. William L. Campbell, Jr. BOWEN RILEY W ARNOCK & JACOBSON , PLC 1906 West End Avenue Nashville, Tennessee 37203 E-mail: [e-mail] & [e-mail] s/James A. Freeman Counsel for Defendants

Case 3:06-cv-01079

Document 7

Filed 12/29/2006

Page 3 of 3