McAfee, Inc v. Wilmer, Cutler, Pickering, Hale and Dorr, LLP

Filing 12

McAfee, Inc v. Wilmer, Cutler, Pickering, Hale and Dorr, LLP

Doc. 12

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION McAFEE, INC. JURY REQUESTED Plaintiff, v. No. 408-cv-160 WILMER, CUTLER, PICKERING, HALE AND DORR, L.L.P Defendant. PLAINTIFF MCAFEE, INC.'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL RESPONSE TO DEFENDANT'S MOTION TO DISMISS COMES NOW, McAfee, Inc. ("Plaintiff") and files this, Motion for Leave to File Supplemental Response to Defendant's Motion to Dismiss and shows as follows: 1. Defendant filed its Motion to Dismiss under Rules 12(b)(1), (3),(6),(7), and 9(b) and Request for Oral hearing on June 9, 2008. 2. Pursuant to Eastern District Local Rule CV-7(e) Plaintiff's deadline to file a response is today, June 24, 2008. 3. Due to a clerical error Plaintiff's response date was not calendared correctly. This error was discovered on the eve of Plaintiff's deadline. 4. Plaintiff has filed a response. However, given the calendaring error additional time is needed to adequately respond to Defendant's Motion. Plaintiff respectfully requests seven (7) days from the date the Court rules on this Motion in which to file a supplemental response. 5. This request for leave is due to excusable neglect and this request is brought in good faith. Defendant will not be prejudiced by this extension.

PLAINTIFF MCAFEE, INC.'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL RESPONSE TO DEFENDANT'S MOTION TO DISMISS

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Respectfully submitted,

/s/ Martin E. Rose Martin E. Rose Texas State Bar No. 17253100 Attorney-In-Charge Lynda Lee Weaver State Bar No. 21010680 Kevin A. Koudelka State Bar No. 24025971 Of Counsel ROSE·WALKER, L.L.P. 3500 Maple Avenue, Suite 900 Dallas, Texas 75219 [phone] phone [phone] fax [e-mail] [e-mail] [e-mail] and Joe Kendall State Bar No. 11260700 PROVOST UMPHREY LLP 3232 McKinney Ave., Ste. 700 Dallas, TX 75204 Telephone: [phone] Fax: [phone] [e-mail] ATTORNEYS FOR PLAINTIFF MCAFEE, INC.

PLAINTIFF MCAFEE, INC.'S MOTION FOR LEAVE TO FILE SUPP RESPONSE

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CERTIFICATE OF SERVICE I hereby certify that the following counsel of record are being served today, June 24, 2008, with a copy of the foregoing, via the court's ECF filing system. Paul Yetter YETTER & WARDEN Two Houston Center 909 Fannin, Suite 3600 Houston, TX 77010 Phone: [phone] Fax: [phone] [e-mail] /s/ Martin E. Rose Martin E. Rose

PLAINTIFF MCAFEE, INC.'S MOTION FOR LEAVE TO FILE SUPP RESPONSE

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