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

Filing 59

Unopposed MOTION for Extension of Time to File Answer by Facebook, Inc.. (Attachments: # 1 Text of Proposed Order)(Tierney, Erica)

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

Doc. 59

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

BENEFICIAL INNOVATIONS, INC., Plaint iff, 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. FACEBOOK 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 FACEBOOK, INC. ("Facebook"), 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: Case No. 2:09-CV-175-TJW JURY TRIAL DEMANDED

Dockets.Justia.com

Facebook has requested and Beneficial has agreed to an extension of Facebook'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, Facebook requests, and Beneficial does not oppose, an additional extension of time up to and including December 4, 2009. A proposed Order granting this unopposed motion is attached for the Court's convenience. Date: November 5, 2009 Respect fully submitted,

By: /s/ Erica C. Tierney Erica C. Tierney (CA #253557) Melissa Keyes (CA # 258605) COOLEY GODWARD KRONISH LLP Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Phone: [phone] Fax: [phone] [e-mail] [e-mail] m Attorneys for Defendant Facebook, Inc.

2

CERTIFICATE OF CONFERENCE I certify that the parties have compiled with the meet and confer requirement in Local Rule CV-7(h) and this motion is unopposed.

/s/ Erica C. Tierney___________ Erica C. Tierney

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 5th day of November, 2009. Any other counsel of record will be served by first class mail

/s/ Erica C. Tierney___________ Erica C. Tierney

804864 v1/PA

3