EMG Technology, LLC v. Apple, Inc.

Filing 44

Unopposed MOTION for Extension of Time to File Answer re 29 Amended Complaint, SECOND UNOPPOSED MOTION TO EXTEND TIME FOR APPLE INC. TO MOVE, ANSWER OR OTHERWISE RESPOND by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Healey, David)

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EMG Technology, LLC v. Apple, Inc. Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EMG TECHNOLOGY, LLC Plaintiff, v. CASE NO. 6:08 CV 447 (LED) APPLE INC., AMERICAN AIRLINES, INC., BLOOMBERG, L.P., CONTINENTAL AIRLINES, INC., and UNITED PARCEL SERVICE, INC., Defendants. SECOND UNOPPOSED MOTION TO EXTEND TIME FOR APPLE INC. TO MOVE, ANSWER OR OTHERWISE RESPOND TO PLAINTIFF EMG TECHNOLOGY, LLC'S SECOND AMENDED COMPLAINT TO THE HONORABLE JUDGE OF SAID COURT: I. NOW COMES, Defendant Apple Inc. ("Apple"), without waiving any defenses described or referred to in F.R.C.P. 12, and moves the Court to extend the time within which Apple is required to move, answer or otherwise respond to Plaintiff's Second Amended Complaint to and including March 31, 2009. II. Counsel for Apple met and conferred with counsel for Plaintiff, EMG Technology, LLC, on March 13, 2009, and EMG Technology, LLC is unopposed to this request. Dockets.Justia.com III. WHEREFORE, Apple respectfully prays that the time to answer, move, or otherwise respond to EMG Technology, LLC's Second Amended Complaint be extended to and including March 31, 2009. Respectfully submitted, Dated: March 13, 2009 FISH & RICHARDSON P.C. By: /s/ David J. Healey David J. Healey Lead Attorney State Bar No. 09327980 FISH & RICHARDSON P.C. One Houston Center 1221 McKinney, Suite 2800 Houston, Texas 77010 Tel: (713) 652-0115 Fax: (713) 652-0109 E-mail: healey@fr.com ATTORNEY FOR DEFENDANT APPLE INC. CERTIFICATE OF SERVICE I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this 13th day of March, 2009. /s/ David J. Healey David J. Healey 2

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