Vertical Computer Systems, Inc. v. Interwoven, Inc. et al

Filing 12

Agreed MOTION for Extension of Time to File Answer re 1 Complaint, by Samsung Electronic America Inc. (Attachments: # 1 Text of Proposed Order)(Findlay, Eric)

Vertical Computer Systems, Inc. v. Interwoven, Inc. et al

Doc. 12

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION VERTICAL COMPUTER SYSTEMS, INC., Plaintiff, v. INTERWOVEN, INC., LG ELECTRONICS MOBILECOMM U.S.A., INC., LG ELECTRONICS INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., Defendants. § § § § § § § § § § § § § § §

CIVIL ACTION NO. 2:10-CV-490

SAMSUNG DEFENDANTS' AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO THE COMPLAINT Defendant Samsung Electronics America, Inc. ("SEA") moves to extend the time for SEA to answer, object to, move, or otherwise respond to Plaintiff's Complaint from December 17, 2010 to February 22, 2011. SEA and Vertical have agreed to the extension and have also

agreed that Samsung Electronics Co., Ltd. ("SEC"), which is located outside of the United States, will waive service of process, so that both Samsung Defendants would have the same deadline for responding to the Complaint. This motion is not made for delay, but only to allow for an orderly resolution of issues in the case and to dispense with the need for extraordinary procedures for service of process on SEC. Therefore, SEA respectfully requests that the Court extend the time to respond to the Complaint until February 22, 2011.

US_ACTIVE:\43587691\01\71868.0049

Dockets.Justia.com

DATED: December 16, 2010

Respectfully submitted, /s/ Eric H. Findlay Eric H. Findlay State Bar No. 00789886 [e-mail] FINDLAY CRAFT LLP 6760 Old Jacksonville Hwy Suite 101 Tyler, TX 75703 Telephone: [phone] Fax: [phone] OF COUNSEL: Matthew D. Powers [e-mail] Steven Cherensky [e-mail] WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Fax: [phone] Timothy DeMasi [e-mail] Steven Kalogeras [e-mail] WEIL, GOTSHAL & MANGES LLP 767 5th Avenue New York, NY 10153 Telephone: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. SAMSUNG ELECTRONICS AMERICA, INC.

2
US_ACTIVE:\43587691\01\71868.0049

CERTIFICATE OF SERVICE I hereby certify that all counsel of record, who are deemed to have consented to electronic service are being served this 16th day of December 2010, with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Eric H. Findlay Eric H. Findlay

3
US_ACTIVE:\43587691\01\71868.0049