Performance Pricing, Inc. v. Google Inc. et al

Filing 31

MOTION for Extension of Time to File Answer re 1 Complaint Unopposed Motion for Extension of Time for AOL LLC to Answer or Otherwise Respond to Complaint by AOL LLC. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry)

Case 2:07-cv-00432-LED

Document 31

Filed 11/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PERFORMANCE PRICING, INC., a Texas § corporation; § § Plaintiff, § § vs. § § GOOGLE INC., a Delaware corporation; § AOL LLC, a Delaware limited liability § company; MICROSOFT CORPORATION, § a Washington corporation; YAHOO! INC., § a Delaware corporation; § § Defendants. §

CASE NO. 2:07CV432 Jury Trial Demanded

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR AOL LLC TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT TO THE HONORABLE JUDGE OF SAID COURT: 1. Defendant AOL LLC hereby moves the Court to extend the time within

which Defendant is required to move, answer, or otherwise respond to Plaintiff PERFORMANCE PRICING, INC.'s Complaint up to and including December 7, 2007. 2. Good cause exists for the granting of this motion and the motion is made

for the reason and on the grounds that the additional time is necessary in order to allow counsel to adequately confer with their clients and respond appropriately to Plaintiff's Complaint. WHEREFORE, Defendant AOL LLC respectfully prays that the time to answer or otherwise move or respond to Plaintiff's Complaint be extended until December 7, 2007.

Case 2:07-cv-00432-LED

Document 31

Filed 11/16/2007

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Dated: November 16, 2007

Respectfully submitted, GILLAM & SMITH, LLP /s/ Harry L. Gillam, Jr. State Bar No. 07921800 Melissa R. Smith State Bar No. 24001351 GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, TX 75670 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANT AOL LLC

CERTIFICATE OF CONFERENCE The undersigned hereby certifies that counsel for Defendant and counsel for Plaintiff conferred on November 16, 2007 and Plaintiff does not oppose this motion. /s/ Harry L. Gillam, Jr.

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by certified mail, return receipt requested, on this 16th day of November, 2007. /s/ Harry L. Gillam, Jr.