Anascape, Ltd v. Microsoft Corp. et al

Filing 178

Consent MOTION for Extension of Time to Complete Discovery UNOPPOSED MOTION TO EXTEND DEADLINE FOR FACT DISCOVERY by Anascape, Ltd. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD., Plaintiff, § § § § § § § Civil Action No. 9:06-cv-158-RC § § JURY TRIAL REQUESTED § § § §

v. MICROSOFT CORP. and NINTENDO OF AMERICA, INC., Defendants.

UNOPPOSED MOTION TO EXTEND DEADLINE FOR FACT DISCOVERY Plaintiff Anascape, Ltd. ("Anascape") files this Unopposed Motion to Extend Deadline for Fact Discovery. Under the Court's current schedule, the parties are to complete fact discovery by Feburary 22, 2008. (Dkt. 169). For the convenience of all parties, and with the agreement of all parties, Anascape requests that the Court extend this deadline to February 27, 2007, for the sole purpose of completing the deposition of Brad Armstrong. The parties agree that the extension will not be used as a reason to seek leave to move for a continuance of the trial date, and that all other fact discovery will be completed by February 22, 2008. This extension is not sought for delay and no other deadlines in this case will be affected. The parties have conferred and have agreed to request that the Court grant this Unopposed Motion to Extend Deadline for Fact Discovery.

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DATED: January 7, 2008

Respectfully submitted, McKOOL SMITH, P.C. /s/ Sam Baxter Sam Baxter Lead Attorney Texas State Bar No. 01938000 [e-mail] P.O. Box O 104 East Houston Street, Suite 300 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Anthony M. Garza Texas State Bar No. 24050644 [e-mail] McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Robert M. Parker Texas State Bar No. 15498000 [e-mail] Robert Christopher Bunt Texas State Bar No. 00787165 [e-mail] Charles Ainsworth Texas State Bar No. 00783521 [e-mail] Parker, Bunt & Ainsworth P.C. 100 E. Ferguson Street, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

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CERTIFICATE OF CONFERENCE I hereby certify that counsel for Plaintiff Anascape conferred with counsel for Defendants regarding the foregoing Motion. Counsel for Defendants represented that they did not oppose the Motion. /s/ Anthony M. Garza Anthony M. Garza CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a), on January 7, 2008. As such, this motion was served on all counsel who had consented to electronic service.

_/s/ Anthony M. Garza________________ Anthony M. Garza

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