IP Innovation LLC et al v. Vizio, Inc., et al

MOTION

N.D. Ill.July 17, 2008

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IP INNOVATION LLC, and TECHNOLOGY LICENSING CORPORATION Plaintiffs, vs. MITSUBISHI ELECTRIC CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 08 C 393 Judge St. Eve Magistrate Judge Cox JURY TRIAL DEMANDED AGREED MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF’S COMPLAINT IP Innovation L.L.C. and Technology Licensing Corporation. (“Plaintiffs”) and Mitsubishi Electric Corporation (“Defendant”) (collectively, “the parties”) jointly request that Defendant be given until August 18, 2008 to file its response to Plaintiffs’ Complaint. As good cause in support of this motion, the parties state as follows: 1. The Plaintiffs filed the Complaint on January 17, 2008 (Docket Entry No. 1). 2. Defendant executed, and Plaintiffs filed, the waiver of service of summons on April 22, 2008 (Docket Entry 20). Under Fed. R. Civ. P. 4(d)(3), Defendant would be entitled to 90 days to respond to the Complaint because the waiver of service of summons was sent "to the defendant outside any judicial district of the United States." Thus, the Court set the following dates: a) Defendant to answer or otherwise plead by July 18, 2008; b) Joint Status Report due by 7/21/2008; and c) Status hearing set for 7/23/2008 at 08:30. (Docket Entries 21 and 22). 3. The Defendant has not previously requested from the Court any extension concerning filing of a responsive pleading has been sought or granted. The parties agree and Case 1:08-cv-00393 Document 25 Filed 07/17/2008 Page 1 of 3 -2- submit that neither side would be unduly prejudiced by a one month postponement of the dates referenced above. Thus, Plaintiffs and Defendant respectfully request that this Court grant a 30 day extension for the Defendant to answer or otherwise plead (i.e., to August 18, 2008), and a 30 day extension to file the Joint Status Report (i.e., to August 21, 2008). Likewise, Plaintiffs and Defendant respectfully request that this Court strike and reset the Status hearing currently set for July 23, 2008 to a date after the filing of the Joint Status Report. Respectfully submitted: /s/Steven P. Petersen_____________ John W. Kozak Steven P. Petersen LEYDIG, VOIT & MAYER, LTD. Two Prudential Plaza, Suite 49- Chicago, IL 60601-6731 312-616-5600 312-616-5700 FAX jkozak@leydig.com spetersen@leydig.com /s/ Arthur A. Gasey__________________ Raymond P. Niro Arthur A. Gasey Paul C. Gibbons Douglas M. Hall David J. Mahalek NIRO, SCAVONE, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, IL 60602 312-236-0733 312-236-3137 FAX niro@nshn.com gasey@nshn.com gibbons@nshn.com dhall@nshn.com Mahalek@nshn.com Attorneys for Defendant Attorneys for Plaintiffs Dated: July 17, 2008 Dated: July 17, 2008 Case 1:08-cv-00393 Document 25 Filed 07/17/2008 Page 2 of 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing AGREED MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF’S COMPLAINT was served upon the following, this 17th day of July 2008, via ECF Service: John W. Kozak Steven P. Petersen LEYDIG, VOIT & MAYER, LTD. Two Prudential Plaza, Chicago, IL 60601-6731 312-616-5600 312-616-5700 FAX jkozak@leydig.com spetersen@leydig.com /s/ Arthur A. Gasey extend_mot.doc Case 1:08-cv-00393 Document 25 Filed 07/17/2008 Page 3 of 3