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

Filing 131

Unopposed MOTION for Extension of Time to File Response/Reply as to 130 SEALED MOTION Defendants' Motion to Transfer Pursuant to 28 U.S.C. 1404(a) SEALED MOTION Defendants' Motion to Transfer Pursuant to 28 U.S.C. 1404(a) SEALED MOTION Defendants' Motion to Transfer Pursuant to 28 U.S.C. 1404(a) by Software Rights Archive, LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Kaplan, Lee)

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

Doc. 131

IN THE UNITEO STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

SOFTWARE RIGHTS ARCHIVE, LLC
v.

GOOGLE, INC., et aL.

§ § § § §

CIVIL NO. 2:07-cv-Sll (TJW-CE)

PLAINTIFF'S UNOPPOSED MOTION FOR A 22-DAY EXTENSION TO RESPOND TO DEFENDANTS' MOTION TO TRANSFER PURSUANT TO 28 u.s.c. § 1404(a)
Plaintiff Software Rights Archive, LLC ("SRA") files this Unopposed Motion for a 22Day Extension to Respond to Defendants' Motion to Transfer Pursuant to 28 U.S.C. § 1404(a).

Defendants filed the motion to transfer on February 20, 2009. SRA's response is
curently due on March 8. SRA requested Defendants' agreement to an extension of this due
dāte by 60 days. SRA explained that it needs the time to conduct discovery and that SRA' s

counsel wil be engaged in intense pretrial preparations and trial in the case of Quantum World v.

Lenovo, Civil Action No. 2:07-cv-24-CE, which is set for trial in this Cour on March 23.
Defendānts declined to agree to the 60-day extension, contending that no discovery is necessary.
(See Ex. A.) Therefore, simultaneous with this

motion, SRA is filing an Opposed Motion for a

60-Day Extension to Respond to Defendants' Motion to Transfer Pursuant to 28 U.S.C. §
1404(a). Without conceding SRA's need for discovery, however, Defendants did agree to a 22day extension. (See Ex. A.) Therefore, SRA now moves this Cour to order an extension of

the

due date for their response to Defendants' motion to transfer to March 3 1 .

Dockets.Justia.com

Respectfully submitted,

L~ v., to- ( ry V-)
Lee L. K:an
LEAD ATTORNEY

State Bar NO.1 1094400
SMYSER KAPLAN & VESELKA, L.L.P.

700 Louisiana, Suite 2300 Houston, Texas 77002 [phone] [phone] (fax) Ikaplan(?skv.com

Victor G. Hardy State Bar No. 00790821
(Requesting Admission Pro Hac Vice)

Andrew G. DiNovo State Bar No. 00790594 Adam G. Price State Bar No. 24027750 Jay D. Ellwanger State Bar No. 24036522 DiNovo PRICE ELLWANGER LLP P.O. Box 201690 Austin, Texas 78720 [phone]
[phone] (fax)

vhardy(?dpelaw.com

O/counsel:
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)

ccapshaw(?capshawlaw.com

2

Robert M. Parker State Bar No. 15498000 Robert C. Bunt State Bar No. 00787165 Charles Ainsworth State Bar No. 0078352
PARKER, BUNT & AINSWOR.TH, P.C. 100 East Ferguson, Suite 1114

Tyler, Texås 75702 [phone]
[phone] (fax)

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with Tom Walsh, Mark Baker, and Richard Hung, counsel for Defendants. Mark Baker advised me on behalf of Defendants that Defendants
dispute SRA's entitlement to discovery related to their motion to transfer, but nevertheless do not oppose the relief requested in this motion.

(~ ~j)~

Lee0Ka~ l."

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been forwarded to all cowsel of record pursuant to Federal Rules of Civil Procedure on this the 2nd day of March, 2009.

(, t~)

Lee fiap~ f i '"

3