Slingshot Printing LLC v. HP Inc.

Western District of Texas, txwd-6:2019-cv-00362

Unopposed MOTION for Extension of Time to File Answer re 16 Amended Complaint, by HP Inc.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION § SLINGSHOT PRINTING LLC, § § Plaintiff, § § § CIVIL ACTION NO. 6:19-cv-362-ADA v. § § HP INC., § § Defendant. § § § UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Defendant HP Inc. ("HP") files this Unopposed Motion for Extension of Time to Respond to Complaint and respectfully shows the following: Plaintiff Slingshot Printing LLC ("Slingshot") filed its Complaint on June 11, 2019 (Dkt. No. 1) and served HP on June 17, 2019. HP previously requested an unopposed extension of time to answer on July 1, 2019 (Dkt. No. 14), which the Court granted. On August 13, 2019 Slingshot requested a further extension of time for HP to answer because Slingshot indicated it would amend its complaint to add asserted patents (Dkt. No. 15), which the Court granted. On September 20, 2019 Slingshot filed its First Amended Complaint (Dkt. No. 16), which dropped an asserted patent (U.S. Patent No. 7,258,434) and added a new asserted patent (U.S. Patent No. 7,438,397). On the same day, Slingshot filed a fourth case against HP in this Court, C.A. No. 6:19-cv-549-ADA ("549 case"), asserting ten patents. HP agreed to waive service of the summons in the 549 case, and Slingshot filed the executed waiver of service form on September 20. HP requested an extension to respond on or before November 19, 2019 (Dkt. No. 17) to harmonize HP's answer date for all four pending cases in this Court, which the Court granted on September 25, 2019. HP seeks a further extension of time to answer or otherwise respond until December 19, 2019. Counsel for HP conferred with counsel for Slingshot who stated that Slingshot does not oppose this request. Wherefore, HP respectfully requests that the Court grant this motion and enter an order extending the deadline for HP to answer or otherwise respond to the Complaint to December 19, 2019. Respectfully submitted, Dated: October 21, 2019 By: /s/ Barry K. Shelton Barry K. Shelton Texas State Bar No. 24055029 SHELTON COBURN LLP 311 RR 620, Suite 205 Austin, TX 78734-4775 bshelton@sheltoncoburn.com (512) 263-2165 (Telephone) (512) 263-2166 (Facsimile) Rick L. Rambo Texas State Bar No. 00791479 rick.rambo@morganlewis.com 1000 Louisiana Street, Suite 4000 Houston, Texas 77002-5006 T. 713.890.5000 F. 713.890.5001 Andrew V. Devkar (pro hac vice) andrew.devkar@morganlewis.com 2049 Century Park East, Suite 700 Los Angeles, CA 90067-3109 T. 310.255.9070 F. 310.907.2000 MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Page 2 Amanda S. Williamson (pro hac vice) amanda.williamson@morganlewis.com 77 West Wacker Drive, Fifth Floor Chicago, IL 60601 T. 312.324.1000 F. 312.324.1001 ATTORNEYS FOR DEFENDANT HP INC. MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Page 3 CERTIFICATE OF CONFERENCE Pursuant to Local Rule CV-7-1(i), the undersigned hereby certifies that on October 18, 2019 he conferred by email with counsel for Plaintiff, Mr. Ronald Daignault, who stated that Plaintiff is unopposed to the relief requested herein. /s/ Barry K. Shelton Barry K. Shelton CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on all counsel of record via the Court's ECF system. /s/ Barry K. Shelton Barry K. Shelton MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Page 4