Klausner Technologies Inc v. Verizon Wireless et al

Filing 40

Agreed MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Change Venue to the Eastern District of New York Pursuant to the First to File Rule (Agreed Second Motion for Extension of Time for Plaintiff Klausner Technologies, Inc. to File its Response to the Verizon Defendants' Motion to Transfer to the Eastern District of New York Pursuant to the First-to-File Rule) by Klausner Technologies Inc. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)

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Klausner Technologies Inc v. Verizon Wireless et al Doc. 40 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION Klausner Technologies, Inc., a New York corporation, Plaintiff, c.A. 6:08-cv-341 (LED) vs. Verizon Wireless (Cell co Partnership d/b/a Verizon Wireless), a Delaware general partnership; Verizon Data Services LLC, a Delaware limited liability company; Bell Atlantic Communications, Inc., a Delaware corporation; Citrix Systems, Inc., a Delaware corporation; Comverse, Inc., a Delaware corporation; Cox Communications, Inc., a Delaware corporation; Embarq Communications, Inc., a Delaware corporation; Google Inc., a Delaware corporation; GrandCentral Communications, Inc., a Delaware corporation; LG Electronics Mobilecomm U.S.A., Inc., a California Corporation; PhoneFusion, Inc., a Delaware corporation; RingCentral, Inc., a California Corporation, Defendants. AGREED SECOND MOTION FOR EXTENSION OF TIME FOR PLAINTIFF KLAUSNER TECHNOLOGIES, INC. TO FILE ITS RESPONSE TO THE VERIZON DEFENDANTS' MOTION TO TRANSFER TO THE EASTERN DISTRICT OF NEW YORK PURSUANT TO THE FIRST-TO-FILE RULE COMES NOW, Plaintiff Klausner Technologies, Inc. seeking the Court's permission for a second extension of time to submit Plaintiff Klausner Technologies, Inc.' s response to The Verizon Defendants' Motion to Transfer to the Eastern District of New York Pursuant to the First-to-File Rule (See Dkt. 7) and would respectfully show the Court as follows. Demand for Jury Trial. 1 Dockets.Justia.com The Verizon Defendants' filed their Motion to Transfer to the Eastern District of New York Pursuant to the First-to-File Rule (See Dkt. 7) on August 29, 2008. The current deadline for Plaintiff Klausner Technologies, Inc. to respond is October 15, 2008. Plaintiff Klausner Technologies, Inc. has requested an additional extension up to and including October 27,2008 to file its response. This extension of time is not being sought for the purpose of delay, but only for the reason that the parties are engaged in settlement discussions and such an extension will promote settlement. The Verizon Defendants do not oppose this motion. WHEREFORE, Plaintiff Klausner Technologies, Inc. respectfully prays that the Court grant this Motion and permit Plaintiff Klausner Technologies, Inc. a second extension of time to respond to The Verizon Defendants' Motion to Transfer to the Eastern District of New York Pursuant to the First-to-File Rule up to and including October 27, 2008. Dated: October 10, 2008 Respectfully submitted, By: lsi Elizabeth L. DeRieux S. Calvin Capshaw, III State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 N. Claire Abernathy State Bar No. 24053063 CAPSHAW DERIEUX, LLP 1127 Judson Road, Suite 220 Longview, Texas 75601 Telephone: (903) 236-9800 Facsimile: (903) 236-8787 E-mail: ccapshaw@capshawlaw.com E-mail: ederieux@capshawlaw.com E-mail: chenry@capshawlaw.com 2 Gregory S. Dovel California State Bar No. 135387 Sean A. Luner California State BarNo. 165443 Christin K. Cho California State Bar No. 238173 DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, California 90401 Telephone: (310) 656-7066 Facsimile: (310) 657-7069 E-mail: greg@dovellaw.com E-mail: luner@dovellaw.com E-mail: christin@dovellaw.com ATTORNEYS FOR PLAINTIFF, KLAUSNER TECHNOLOGIES, INC. CERTIFICATE OF SERVICE This is to certify that all counsel of record who are deemed to have consented to electronic service are being served this io" day of October, 2008, with a copy of this document via the Court's CMlECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served via electronic mail, facsimile transmission andlor first class mail on this same date. lsi Elizabeth L. DeRieux Elizabeth L. DeRieux 3

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