21 srl v. Apple Inc. et al

MOTION

N.D. Ill.February 18, 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 the Court’s order of January 22, 2009, OfficeMax has until February 18, 2009 to answer or otherwise respond to Plaintiff’s Complaint. (See Docket #33). 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 March 4, 2009 for OfficeMax to answer the complaint or otherwise filea responsive pleading. 21 srl v. Apple Inc. et al Doc. 41 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 March 4, 2009. Dated: February 18, 2009 Respectfully submitted, OfficeMax Incorporated /s/ Robert L. Wagner By One of its Attorneys John S. Letchinger (No. 6207361) Robert L. Wagner (No. 6276109 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, Robert L. Wagner, 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 18th day of February, 2009. /s/ Robert L. Wagner