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

Filing 205

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

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

ACTUS, LLC Plaintiff, VS.

BANK OF AMERICA CORP.., ET AL Defendants.

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Civil Action No. 2:09-CV-102-TJW

DEFENDANT GOOGLE INC.'S FIFTH 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 October 20, 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 October 20, 2009. Dated: September 29, 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: [phone] Facsimile: [phone] [e-mail] [e-mail]

CERTIFICATE OF SERVICE The undersigned hereby certifies that on September 29, 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.