UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MINERVA INDUSTRIES, INC., Plaintiff, vs. MOTOROLA, INC., ET AL. Defendants. C.A. No. 2:07-CV-229 TJW JURY TRIAL DEMANDED UNOPPOSED MOTION FOR EXTENSION OF TIME FOR UTSTARCOM, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT TO THE HONORABLE JUDGE OF SAID COURT: 1. Defendant UTSTARCOM, INC. hereby moves the Court to extend the time within which Defendant is required to move, answer, or otherwise respond to Plaintiff MINERVA INDUSTRIES, INC.’s Complaint up to and including January 7, 2008. 2. Good cause exists for the granting of this motion and the motion is made for the reason and on the grounds that the additional time is necessary in order to allow counsel to adequately confer with their client and respond appropriately to Plaintiff’s Complaint. WHEREFORE, Defendant UTSTARCOM, INC. respectfully prays that the time to answer or otherwise move or respond to Plaintiff’s Complaint be extended until January 7, 2008. Case 2:07-cv-00229-TJW Document 83 Filed 10/12/2007 Page 1 of 2 Minerva Industries, Inc. v. Motorola, Inc. et al Doc. 83 Dockets.Justia.com Dated: October 12, 2007 Respectfully submitted, GILLAM & SMITH, LLP /s/ Melissa R. Smith State Bar No. 24001351 Harry L. Gillam, Jr. State Bar No. 07921800 GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, TX 75670 Telephone: (903) 934-8450 Facsimile: (903) 934-9257 ATTORNEYS FOR DEFENDANT UTSTARCOM, INC. CERTIFICATE OF CONFERENCE The undersigned hereby certifies that counsel for Defendant and counsel for Plaintiff conferred on October 11, 2007 and Plaintiff does not oppose this motion. /s/ Melissa R. Smith CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who 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(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 certified mail, return receipt requested, on this 12th day of October, 2007. /s/ Melissa R. Smith Case 2:07-cv-00229-TJW Document 83 Filed 10/12/2007 Page 2 of 2
