Beneficial Innovations, Inc. v. Careerbuilder, LLC et al

Filing 52

Second MOTION for Extension of Time to File Answer re 13 Amended Complaint, [Unopposed] by Digg, Inc.. (Attachments: # 1 Text of Proposed Order)(Bartow, D.)

Beneficial Innovations, Inc. v. Careerbuilder, LLC et al

Doc. 52

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BENEFICIAL INNOVATIONS, INC., Plaintiff, v. COMCAST CORPORATION, a Delaware corporation; THE DALLAS MORNING NEWS, INC., a Delaware corporation; DIGG, INC., a Delaware corporation; DISNEY ONLINE, a California corporation; THE WALT DISNEY COMPANY, a Delaware corporation; EBAUM'S WORLD, INC., a New York corporation; FACEBOOK, INC., a Delaware corporation, GOOGLE INC., a Delaware corporation; IAC SEARCH & MEDIA, INC., a Delaware corporation, MORRIS COMMUNICATIONS COMPANY, LLC, a Georgia limited liability company; NBC UNIVERSAL, INC., a Delaware corporation; THE NEW YORK TIMES COMPANY, a New York corporation; and YOUTUBE, LLC, a Delaware limited liability company, Defendants. Civil Action No. 2:09-cv-175-TJW JURY TRIAL DEMANDED

DIGG INC.'S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO ANSWER, MOVE OR OTHERWISE RESPOND TO BENEFICIAL INNOVATIONS, INC.'S AMENDED COMPLAINT FOR PATENT INFRINGEMENT Defendant Digg Inc. ("Digg"), 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 second unopposed motion for extension of time in which to answer, move, or otherwise respond to Plaintiff Beneficial Innovation, Inc.'s ("Beneficial") Amended Complaint for Patent Infringement and would respectfully show the Court as follows: 1
LIBA/2042131.1

Dockets.Justia.com

Digg has requested and Beneficial has agreed to an extension of Digg's time to respond in any manner whatsoever including answer, motion or other pleading of any type to Beneficial's Amended Complaint for Patent Infringement. Specifically, Digg requests, and Beneficial does not oppose, an additional extension of time up to and including November 18, 2009. A proposed Order granting this unopposed motion is attached for the Court's convenience.

Dated: November 3, 2009

Respectfully submitted, /s/ D. Stuart Bartow Byron W. Cooper CA State Bar No. 166578 D. Stuart Bartow CA State Bar No. 233107 GOODWIN PROCTER LLP 135 Commonwealth Dr. Menlo Park, CA 94025 Tel.: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] ATTORNEYS FOR DEFENDANT DIGG INC.

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LIBA/2042131.1

CERTIFICATE OF CONFERENCE I certify that I have complied with the meet and confer requirement in Local Rule CV7(h) and this motion is unopposed. /s/ D. Stuart Bartow D. Stuart Bartow

CERTIFICATE OF SERVICE This is to certify that all counsel of record who are deemed to 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 3rd day of November, 2009. Any other counsel of record will be served by first class mail. /s/ D. Stuart Bartow D. Stuart Bartow

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