Mediostream, Inc. v. Acer America Corporation et al

Filing 18

MOTION for Extension of Time to File Answer re 1 Complaint Unopposed, Filed by Gateway, Inc. (Attachments: # 1 Text of Proposed Order)(Farney, William) Modified on 10/3/2007 to replace attachment with proposed order, deleting motion (ehs, ).

Mediostream, Inc. v. Acer America Corporation et al

Doc. 18

Case 2:07-cv-00376-TJW

Document 18

Filed 10/02/2007

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEDIOSTREAM, INC., a California Corporation, Plaintiff, v. ACER AMERICA CORPORATION, APPLE COMPUTER, INC., DELL, INC., and GATEWAY, INC., Defendants. § § § § § § § § § § § §

Civil Action No. 2:07-cv-00376 JURY TRIAL DEMANDED

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANT GATEWAY, INC. TO FILE RESPONSIVE PLEADING TO THE HONORABLE UNITED STATES DISTRICT JUDGE: Defendant, Gateway, Inc. ("Gateway"), files its Unopposed Motion to Extend Time to Answer or Otherwise Respond to Plaintiff's Original Complaint in the referenced civil action, and states as follows: 1. On August 28, 2007, MedioStream, Inc. ("Plaintiff") filed its Original Complaint

in the referenced civil action, alleging that Gateway infringes U.S. Patent No. 7,009,655 B2. 2. Gateway was served with process on September 18, 2007, making its answer due

on October 9, 2007. 3. At this time, Gateway requests that it be given an extension of thirty days to

answer or otherwise respond to Plaintiff's Original Complaint, making its answer or responsive pleading due on November 8, 2007.

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR GATEWAY, INC., TO FILE ANSWER Civil Action No. 2:07-cv-00376

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Dockets.Justia.com

Case 2:07-cv-00376-TJW

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4.

Byron W. Cooper, counsel for Plaintiff, agreed to the thirty day extension to

answer or otherwise plead. WHEREFORE, Defendant, Gateway, Inc., prays that the Court grants its Unopposed Motion for Extension to Time to File Responsive Pleading by extending the time period for Defendant Gateway, Inc., to answer or otherwise respond to Plaintiff's Original Complaint until November 8, 2007. DATED: October 2, 2007 ___/s/ W. Bryan Farney_____________ W. Bryan Farney Lead Attorney Texas Bar No. 06826600 Steven R. Daniels Texas Bar No. 24925317 DECHERT LLP 300 W. 6th Street, Suite 1850 Austin, Texas 78701 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] COUNSEL FOR DEFENDANT, GATEWAY, INC.

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR GATEWAY, INC., TO FILE ANSWER Civil Action No. 2:07-cv-00376

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Case 2:07-cv-00376-TJW

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CERTIFICATE OF SERVICE I hereby certify that, on October 2, 2007, the attached Unopposed Motion for Extension of Time for Defendant Gateway, Inc., to File Responsive Pleading was filed electronically with the Clerk of the United States District Court, Eastern District of Texas. The Court's ECF system sent notice of filing to all registered attorneys of record. In addition, a courtesy copy was served by e-mail on the following: Attorneys for Plaintiff, MedioStream, Inc.: S. Calvin Capshaw BROWN MCCARROLL, LLP 1127 Judson Road, Suite 220 P.O. Box 3999 Longview, Texas 75601-5157 [e-mail] Byron W. Cooper Gregory S. Bishop April E. Abele GOODWIN PROCTER LLP 530 Lytton Avenue, 2nd Floor Palo Alto, California 94301 [e-mail] [e-mail] [e-mail] Franklin Jones, Jr. JONES & JONES, P.C. 201 West Houston Street P.O. Drawer 1249 Marshall, Texas 75671-1249

Robert M. Parker Robert Christopher Bunt PARKER, BUNT & AINSWORTH, P.C. 100 East Ferguson, Suite 1114 Tyler, Texas 75702 [e-mail] [e-mail] Attorneys for Defendant, Apple, Inc.: Eric M. Albritton Lead Attorney ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 [e-mail]

____/s/ W. Byran Farney_____________ W. Bryan Farney
UNOPPOSED MOTION FOR EXTENSION OF TIME FOR GATEWAY, INC., TO FILE ANSWER Civil Action No. 2:07-cv-00376

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