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

Filing 15

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

Doc. 15

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION McAFEE, INC. JURY REQUESTED Plaintiff, v. No. 4:08-cv-160 MHS-DDB WILMER, CUTLER, PICKERING, HALE AND DORR, L.L.P Defendant. UNOPPOSED MOTION FOR LEAVE TO FILE REPSONSE TO DEFENDANT'S MOTION TO STRIKE SECOND AMENDED COMPLAINT UNDER RULE 15(a)(2) COMES NOW, McAfee, Inc. ("Plaintiff") and files this Unopposed Motion for Leave to File its Response to Defendant's Motion to Strike Second Amended Complaint Under Rule 15(a)(2) and shows as follows: 1. Defendant filed its Motion to Strike Second Amended Complaint Under Rule 15(a)(2) on June 9, 2008. 2. Pursuant to Eastern District Local Rule CV-7(e) Plaintiff's deadline to file a response was yesterday, 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 respectfully requests leave to file its Response one day after the deadline for filing that 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 allowing this response to be filed one-day after it was initially due.
PLAINTIFF MCAFEE, INC.'S MOTION FOR LEAVE TO FILE ITS RESPONSE TO DEFENDANT'S MOTION TO STRIKE SECOND AMENDED COMPLAINT UNDER RULE 15(a)(2)

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Dated: June 25, 2008

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 Of Counsel 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 ITS RESPONSE TO DEFENDANT'S MOTION TO STRIKE SECOND AMENDED COMPLAINT UNDER RULE 15(a)(2)

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CERTIFICATE OF CONFERENCE I certify that I conferred via telephone on June 25, 2008, with opposing counsel, Shawn Bates of Yetter & Warden. The Motion is unopposed.

/s/ Lynda Lee Weaver Lynda Lee Weaver CERTIFICATE OF SERVICE I hereby certify that pursuant to the Federal Rules of Civil Procedure a true and correct copy of the above and foregoing was forwarded to all counsel of record on this 25th day of June, 2008. Paul Yetter YETTER & WARDEN Two Houston Center 909 Fannin, Suite 3600 Houston, TX 77010 Phone: [phone] Fax: [phone] [e-mail] /s/ Lynda Lee Weaver Lynda Lee Weaver

PLAINTIFF MCAFEE, INC.'S MOTION FOR LEAVE TO FILE ITS RESPONSE TO DEFENDANT'S MOTION TO STRIKE SECOND AMENDED COMPLAINT UNDER RULE 15(a)(2)

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