21 srl v. Apple Inc. et al

MOTION

N.D. Ill.January 20, 2009

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION 21 srl, Plaintiff, v. Apple Inc., et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 08CV7350 Judge Gottschall Magistrate Judge Cox OFFICEMAX’S AGREED MOTION FOR AN EXTENSION OF TIME TO ANSWER PLAINTIFF’S COMPLAINT Defendant OfficeMax Incorporated (“OfficeMax”), improperly named as OfficeMax Inc., by and through its attorneys, Wildman, Harrold, Allen & Dixon LLP, and pursuant to Federal Rules of Civil Procedure 6(a) and 12(a), moves thisCourt for an extension of time to answer Plaintiff’s Complaint. In support of its Motion, OfficeMax states as follows: 1. On December 23, 2008, Plaintiff filed its Complaint alleging infringement of United States Patent Number 7,340,451, which was served on OfficeMax on December 30, 2008. 2. Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A), OfficeMax’s response to Plaintiff’s Complaint is due on January 20, 2009. 3. OfficeMax requires additional time to review the patent and its prosecution history before it can file an answer to Plaintiff’s Complaint. 4. Counsel for OfficeMax contacted counsel for Plaintiff regarding an extension of time to answer the Complaint. 5. Counsel for Plaintiff agreed to an extension of time until February 18, 2009 for OfficeMax to answer the complaint or otherwise filea responsive pleading. 21 srl v. Apple Inc. et al Doc. 30 Dockets.Justia.com 2 WHEREFORE, OfficeMax requests that the Court enter an order extending its time for answering Plaintiff’s Complaint or otherwise filing a responsive pleading until February 18, 2009. Dated: January 20, 2009 Respectfully submitted, OfficeMax Incorporated /s/ John S. Letchinger By One of its Attorneys John S. Letchinger (No. 6207361) WILDMAN, HARROLD, ALLEN & DIXON LLP 225 West Wacker Drive, Suite 2800 Chicago, Illinois 60606-1229 (312) 201-2000 (312) 201-2555 fax 3 CERTIFICATE OF SERVICE I, John S. Letchinger, an attorney, hereby certify that I caused a copy of the foregoing Agreed Motion for an Extension of Time to Answer Plaintiff's Complaint to be filed via the CM/ECF electronic filing system on this 20th day of January, 2008. /s/ John S. Letchinger