Software Rights Archive, LLC v. Google Inc. et al

Filing 103

Unopposed MOTION for Extension of Time to File Sur-Reply Opposing Defendants' Motion to Dismiss for Lack of Standing and to Increase Page Limit by Software Rights Archive, LLC. (Attachments: # 1 Text of Proposed Order)(Kaplan, Lee)

Software Rights Archive, LLC v. Google Inc. et al

Doc. 103

IN T H E UNITED S T A T E S D I S T R I C T C O U R T F O R T H E E A S T E R N D I S T R I C T OF TEXAS MARSHALL DIVISION
§ § Plaintif~ § § v. § § G O O G L E INC., YAHOO! INC., § l A C S E A R C H & MEDIA, INC., A O L L L C , § a n d L Y C O S , INC. § § Defendants. §

SOFTWARE R I G H T S ARCHIVE, L L C

Civil Action No. 2:07-cv-511-CE

J U R Y T R I A L DEMANDED

P L A I N T I F F ' S UNOPPOSED M O T I O N F O R (1) AN EXTENSION OF T I M E T O F I L E SUR-REPLY O P P O S I N G DEFENDANTS' M O T I O N T O DISMISS AND (2) AN I N C R E A S E D P A G E L I M I T Plaintiff Software Rights Archive, LLC ("SRA") respectfully moves this Court for an unopposed extension o f time to file a Sur-reply opposing Defendants' Motion to Dismiss for Lack o f Standing, and for an increased page limit for the Sur-reply. In support of the request for an extension, Plaintiff states as follows: 1. This patent infringement action was commenced on November 21, 2007 . The

deadlines for the Markman hearing and trial are November 10, 2010 and May 2, 2011, respectively. 2. Defendants filed a Motion to Dismiss for Lack o f Standing on July 16, 2008

(Docket No . 66). 3. The parties have previously agreed to extend deadlines for filing the Response

brief and the Reply brief, and Plaintiff has previously agreed to Defendants ' request for extra pages on the Reply brief as well. Defendants consented to a request by the Plaintiff for an extension for SRA to file its Response, which SRA filed on August 25, 2008. (Docket No . 76).

Dockets.Justia.com

After securing P l a i n t i f f s agreement to an extension and a 30-page limit, Defendants filed .their 30-page Reply on November 10, 2008 (Docket No. 102). 4. Under the Local Rules o f this Court , P l a i n t i f f s Sur-reply is currently due on

November 18, 2008 , and may be no more than 10 pages . 5. Given the length o f Defendants' Reply Brief, Plaintiff requests up to 25 pages,

excluding attachments , and (in view o f the Thanksgiving holiday) up to 30 days to file a surreply. Accordingly, Plaintiff requests leave to file a Sur-reply o f up to 25 pages, excluding attachments, on or before December 10, 2008. 6. The relief requested in this motion is not opposed by Defendants.

WHEREFORE , Plaintiff respectfully requests that it be granted an extension o f time until December 10, 2008 to file its Sur-reply opposing Defendants' Motion to Dismiss for Lack o f Standing, and that the Sur-reply b r i e f be limited to 25 pages, excluding attachments. DATED: November 12, 2008 Respectfully Submitte ,

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Lee L. Kaplan
L E A D ATTORNEY

State Bar No. 11094400
SMYSER KAPLAN & VESELKA,L.L.P.

700 Louisiana , Suite 2300 Houston, T e x a s 77002 [phone] [phone] (fax) lkaplan @skv .com

Victor G. Hardy State Bar No. 00790821 (Requesting Admission Pro Hac Vice) A n d r e w G. DiNovo State Bar No. 00790594 Ada111 G. Price State Bar No. 24027750 Jay D. Ellwanger State Bar No. 24036522 D I N o v o P R I C E E L L W A N G E R LLP P.O. Box 201690 Austin, Texas 78720 [phone] [phone] (fax) [e-mail] Ofcounsel: S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585
CAPSHAW DERIEUX

1127 Judson Road , Suite 220 P.O. Box 3999 Longview, TX 75606-3999 [phone] [phone] (fax) [e-mail] Robert M. Parker State Bar No. 15498000 Robert C. B u n t State Bar No . 00787165 Charles Ainsworth State Bar No. 0078352
PARKER, BUNT & AINSWORTH, P.C.

100 East Ferguson , Suite 1114 Tyler, Texas 75702 [phone] [phone] (fax)

CERTIFICATE OF CONFERENCE The undersigned hereby certifies that a conference was held with Defendants' counsel regarding the r e l i e f requested herein by Plaintiff - that Plaintiff will be allowed until and including December 10, 2008 to file its Sur-reply to Defendants ' Motion to Dismiss and to increase the page limit to 25 pages. Counsel for each Defendant stated that the Defendant does not oppose this request.

Lee L. Kaplan

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel o f record who are deemed to have consented to electronic service are being served with a copy o f this document via the C o u r t ' s ..., CMJECF system per Local Rule CV-5(a)(3) on Nove~

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