Stragent, LLC et al v. Classmates Online, Inc. et al

Filing 86

Unopposed MOTION for Extension of Time to File Response/Reply as to 70 Classmates Online, Inc.'s MOTION to Dismiss for Failure to State a Claim by SeeSaw Foundation, Stragent, LLC. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric)

Stragent, LLC et al v. Classmates Online, Inc. et al

Doc. 86

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION STRAGENT, LLC, et al., Plaintiffs, v. CLASSMATES ONLINE, INC., et al., Defendants. § § § § § § § § §

CIVIL ACTION NO. 6:10-CV-242-LED

JURY TRIAL DEMANDED

PLAINTIFFS' SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT CLASSMATES ONLINE, INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

Plaintiffs Stragent, LLC and SeeSaw Foundation respectfully move for a further extension of time to respond to Defendant Classmates Online, Inc.'s Motion to Dismiss for Failure to State a Claim, Fed. R. Civ. P. 12(b)(6) Based on the Failure of the Patent-in-Suit to Claim Patentable Subject Matter Under 35 U.S.C. § 101 (Dkt. No. 70) ("Classmates' Motion"). In support of this motion, Plaintiffs would show the Court the following: Classmates' Motion was filed on October 18, 2010. On October 28, 2010, the Court granted Plaintiffs an extension until November 18, 2010, to respond to Classmates' Motion. Dkt. No. 77. Plaintiffs have conferred with Defendant Classmates Online, Inc., who does not oppose a further two-week extension to this deadline. WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request the Court to further extend their deadline to respond to Classmates' Motion to December 2, 2010.

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Respectfully submitted,

___________________________ Eric M. Albritton Texas Bar No. 00790215 [e-mail] Adam A. Biggs Texas Bar No. 24051753 [e-mail] Debra Coleman Texas Bar No. 24059595 [e-mail] Matthew C. Harris Texas Bar No. 24059904 [e-mail] ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] T. John Ward, Jr. State Bar No. 00794818 [e-mail] WARD & SMITH LAW FIRM P.O. Box 1231 Longview, Texas 75606-1231 Telephone: [phone] Facsimile: [phone] Danny L. Williams Texas Bar No. 21518050 [e-mail] J. Mike Amerson Texas Bar No. 01150025 [e-mail] Jaison C. John Texas State Bar No. 24002351 [e-mail] Christopher N. Cravey Texas Bar No. 24034398 [e-mail]

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Matthew R. Rodgers Texas Bar No. 24041802 [e-mail] Michael A. Benefield Indiana Bar No. 24560-49 [e-mail] David Morehan Texas Bar No. 24065790 [e-mail] WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: [phone] Facsimile: [phone] Attorneys for Stragent, LLC and SeeSaw Foundation

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email, on this the 5th day of November 2010.

___________________________ Eric M. Albritton

CERTIFICATE OF CONFERENCE Counsel for Defendant Classmates Online, Inc. has advised that it is unopposed to the relief requested herein.

___________________________ Eric M. Albritton 3