EMG Technology, LLC v. Apple, Inc.

Filing 25

***FILED IN ERROR. PLEASE DISREGARD.*** MOTION for Leave to File Plaintiff's Second Amended Complaint by EMG Technology, LLC. (Attachments: # 1 Exhibit 1 - Second Amended Complaint, # 2 Text of Proposed Order)(Ainsworth, Charles) Modified on 1/29/2009 (mjc ).

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

EMG TECHNOLOGY, LLC, Plaintiff, v. APPLE, INC., AMERICAN AIRLINES, INC., BLOOMBERG, L.P., CONTINENTAL AIRLINES, INC., UNITED PARCEL SERVICE, INC., Defendants. CASE NO. 6:08-cv-447

JURY TRIAL DEMANDED

PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE ITS SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Pursuant to Rule 15 of the Federal Rules of Civil Procedure, Plaintiff, EMG Technology, LLC ("EMG"), hereby requests leave of the Court to file its Second Amended Complaint, a copy of which is attached hereto as Exhibit 1. There have been no responsive pleadings filed in this matter. This Motion will not result in prejudice to any party or to the Court and is not pursued for purposes of delay. Wherefore, premises considered, Plaintiff EMG Technology, LLC, respectfully requests the Court grant Plaintiff leave to file its Second Amended Complaint.

DATED: January 28, 2009 OF COUNSEL: Jeffer, Mangels, Butler and Marmaro, LLP Stanley M. Gibson (Cal. Bar No. 162329) [e-mail] Brian W. Kasell (Cal. Bar No. 143776) [e-mail] Joshua S. Hodas, Ph.D. (Cal. Bar No. 250812) [e-mail] 1900 Avenue of the Stars, Seventh Floor Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] Manatt, Phelps & Phillips, LLP Robert D. Becker (Cal. Bar No. 160648) [e-mail] 1001 Page Mill Road, Building 2 Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone]

Respectfully Submitted, By: Charles Ainsworth Charles Ainsworth State Bar No. 00783521 Robert Christopher Bunt State Bar No. 00787165 PARKER, BUNT & AINSWORTH, P.C. 100 E. Ferguson, Suite 1114 Tyler, TX 75702 903/531-3535 903/533-9687 E-mail: [e-mail] E-mail: [e-mail]

CERTIFICATE OF SERVICE I hereby certify that all counsel of record, who are deemed to have consented to electronic service are being served this 28rd day of January, 2009, with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Charles Ainsworth CHARLES AINSWORTH

-2-

CERTIFICATE OF CONFERENCE I certify that on this 28rd day of January, 2009, Plaintiff has not been served with any responsive pleadings in this matter. Therefore, counsel for Plaintiff is unable to meet and confer regarding the relief requested in this motion /s/ Charles Ainsworth Charles Ainsworth

-3-