Actus, LLC v. Bank of America Corp. et al

Filing 179

Unopposed MOTION for Extension of Time to File Answer re 174 Amended Complaint Google Inc.'s Fourth Unopposed Motion to Extend Time to Answer or Otherwise Responde to Plaintiff's Second Amended Complaint by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ACTUS, LLC Plaintiff, VS. BANK OF AMERICA CORP.., ET AL Defendants. Civil Action No. 2:09-CV-102-TJW DEFENDANT GOOGLE INC.'S FOURTH UNOPPOSED MOTION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT TO THE HONORABLE JUDGE OF SAID COURT: I. NOW COMES, Defendant GOOGLE INC., without waiving any defenses described or referred to in Rule 12 F.R.C.P., and moves the Court to extend the time within which Defendant is required to move, answer or otherwise respond to Plaintiff's Second Amended Complaint for Patent Infringement up to and including September 29, 2009. II. Counsel for Plaintiff, Actus, LLC, is not opposed to this request. III. Defendant seeks this extension of time not for delay but for good cause and that justice may be served. WHEREFORE, GOOGLE INC. respectfully prays that the time to answer, move or otherwise respond to ACTUS, LLC's Second Amended Complaint for Patent Infringement be extended to and include September 29, 2009. Dated: August 31, 2009 Respectfully submitted, GILLAM & SMITH, L.L.P. /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, Texas 75670 Telephone: (903) 934-8450 Facsimile: (903) 934-9257 CERTIFICATE OF SERVICE The undersigned hereby certifies that on August 31, 2009, the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this notice was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date. /s/ Harry L. Gillam, Jr.

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