Aloft Media, LLC v. Oracle Corporation et al

Filing 85

Unopposed MOTION for Extension of Time to File Answer re 43 Amended Complaint, Or Otherwise Respond by Charles Schwab & Co., Inc., E-Trade Securities, LLC, Fidelity Brokerage Services, LLC, TD Ameritrade, Inc.. (Attachments: # 1 Text of Proposed Order)(Race, Deborah)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC VS. ORACLE CORPORATION, ET AL § § § § §

CIVIL ACTION NO. 6:09-CV-304 JURY DEMANDED

DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE OR OTHERWISE RESPOND Defendants Charles Schwab & Co, Inc., Fidelity Brokerage Services, LLC, E-Trade Securities, LLC and TD Ameritrade, Inc. file this unopposed motion seeking an extension of time within which to answer, move or otherwise respond to Plaintiff's Second Amended Complaint for Patent Infringement in the above-referenced cause up to and including until April 30, 2010. Accordingly, Defendants Charles Schwab & Co, Inc., Fidelity Brokerage Services,

LLC, E-Trade Securities, LLC and TD Ameritrade, Inc. respectfully request that the Court enter an order extending their time to answer, move or otherwise respond to Plaintiff's Second Amended Complaint for Patent Infringement until April 30, 2010. An order reflecting the relief requested is attached for the Court's convenience. Respectfully submitted, DATE: April 16, 2010 BY: /s/ Deborah Race Otis Carroll State Bar No. 03895700 Deborah Race State Bar No. 16448700 IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Telephone:[phone] Facsimile: [phone] [e-mail]

ATTORNEYS FOR DEFENDANTS CHARLES SCHWAB & CO, INC., FIDELITY BROKERAGE SERVICES, LLC, E-TRADE SECURITIES, LLC and TD AMERITRADE, INC.

CERTIFICATE OF CONFERENCE I certify that on counsel for Defendants Charles Schwab & Co, Inc., Fidelity Brokerage Services, LLC, E-Trade Securities, LLC and TD Ameritrade, Inc. conferred with counsel for Plaintiff, Eric Albritton, who agreed to Defendants' request for an extension of time to answer or otherwise respond to Plaintiff's Second Amended Complaint. /s/ Deborah Race Deborah Race

CERTIFICATE OF SERVICE The undersigned hereby certifies 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). Any other counsel of record will be served by facsimile transmission and/or first class mail this 16th day of April, 2010.

/s/ Deborah Race Deborah Race