Free Motion for Extension of Time to File Response/Reply - District Court of California - California

Case 3:07-cv-02038-WQH-RBB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

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Manuel de la Cerra (SBN 189313) John L. Roberts (SBN 208927) THE LAW OFFICE OF MANUEL DE LA CERRA 6885 Catamaran Drive Carlsbad, CA 92011 Telephone: 760-809-5520 Facsimile: 760-269-3542 E-mail: [email protected] Attorneys for Defendants, HERITAGE TECHNOLOGIES, INC., CARL THOMPSON and CHARLES WISSMAN

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA SAN DIEGO DIVISION GREENLEE TEXTRON INC., a Delaware corporation, Plaintiff, Case No.: 07 CV 2038 WQH (RBB) JOINT MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT

HERITAGE TECHNOLOGIES, INC., a California Corporation; CARL THOMPSON, an individual; CHARLES WISSMAN, an individual; and DOES 110, Defendants.

IT IS HEREBY STIPULATED by and between the parties to the above-entitled action, through their respective counsel, subject to the approval of this Honorable Court, that Defendants' time to answer or otherwise respond to the Complaint be extended by 30 days up to and including January 18, 2008. This stipulation is made pursuant to CivLR 7.2 and 12.1 and is not entered into for the purposes of inconvenience or delay. On November 14, 2007, Defendant HERITAGE TECHNOLOGIES, INC. shipped to Plaintiff via UPS an exemplar of the accused device and

Case 3:07-cv-02038-WQH-RBB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:December 12, 2007 DATED:December 12, 2007

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schematic drawings subject to a confidentiality agreement. On November 21, 2007, as required by the confidentiality agreement, Defendants agreed to Plaintiff's selection of an expert to review the exemplar and schematic drawings. Plaintiff and its expert are currently testing the device and reviewing the schematic drawings to further investigate facts related to the pending patent infringement action. The parties have agreed to meet-and-confer after the Plaintiff's testing is complete to explore a potential resolution of this case. This is the second request to continue the Defendants' time to respond to the Complaint. Respectfully submitted, THE LAW OFFICE OF MANUEL DE LA CERRA

By: s/Manuel de la Cerra Manuel de la Cerra John L. Roberts Attorneys for Defendants HERITAGE TECHNOLOGIES, INC., CARL THOMPSON and CHARLES WISSMAN

Respectfully submitted, ORRICK, HERRINGTON & SUTCLIFFE LLP

By: s/Kent B. Goss Kent B. Goss Attorneys for Plaintiff GREENLEE TEXTRON INC.

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Case 3:07-cv-02038-WQH-RBB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · ·

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PROOF OF SERVICE

I am employed in San Diego County, State of California. I am over the age of 18 and not a party to the within action. My business address is 6885 Catamaran Drive, Carlsbad, CA 92011. On December 13, 2007, I served on the interested parties in said action the following: JOINT MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT

by placing a true copy thereof in a sealed envelope addressed as follows and deposited it in the U.S. Mail at Carlsbad, California: Kent B. Goss Orrick Herrington & Sutcliffe LLP 777 South Figueroa St, Suit 3200 Los Angeles, CA 90017 Attorney for Greenlee Textron, Inc

I declare under penalty of perjury that the foregoing is true and correct. Executed on December 13, 2007 at Carlsbad, California.

___s/Manuel F. de la Cerra_______ Manuel F. de la Cerra

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