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

Filing 37

MOTION for Extension of Time to File Answer re 16 Amended Complaint, by Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)

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

Doc. 37

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PERFORMANCE PRICING, INC. § § v. § § GOOGLE INC., AOL LLC, § MICROSOFT CORPORATION, § YAHOO! INC., IAC SEARCH & MEDIA, § INC., and A9.COM, INC. §

CIVIL ACTION NO. 2:07-cv-432[LED] JURY DEMANDED

DEFENDANT YAHOO! INC.'S UNOPPOSED MOTION FOR AN ADDITIONAL EXTENSION OF TIME IN WHICH TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S AMENDED COMPLAINT Defendant YAHOO! INC., without waiving any defenses or any matters that might be presented pursuant to FEDERAL RULE OF CIVIL PROCEDURE 12(b) or any other rule or law, files this unopposed motion for an additional extension of time in which to answer, move, or otherwise respond to Plaintiff PERFORMANCE PRICING, INC.'S Amended Complaint and would respectfully show the Court as follows: YAHOO! INC. has requested and Plaintiff has agreed to an additional extension of YAHOO! INC.'S time to respond in any manner whatsoever including answer, motion, or other pleading of any type to Plaintiff's Amended Complaint. Specifically, YAHOO! INC. requests, and PERFORMANCE PRICING, INC. does not oppose, an additional extension of time up to and including December 7, 2007. A proposed Order granting this unopposed motion is attached for the Court's convenience. Dated: November 21, 2007 Respectfully submitted, By: /s/ Michael E. Jones Michael E. Jones State Bar No. 10929400 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702)
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P. O. Box 359 Tyler, Texas 75710 [phone] [phone] (Facsimile) [e-mail] OF COUNSEL: Michael A. Jacobs [e-mail] Rachel Krevans [e-mail] Richard S.J. Hung [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105

ATTORNEYS FOR DEFENDANT YAHOO! INC.

CERTIFICATE OF SERVICE I hereby certify that all counsel of record who have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 21st day of November, 2007. Any other counsel of record will be served by first class U.S. mail on this same date. /s/ Michael E. Jones Michael E. Jones

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