Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1:08-cv—OOO62-G|\/IS Document 10 Filed O2/19/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LIVEPERSON, INC., I g ` 1
. Plaintiff, g
v. J
J Civil Action No. 08-062 (GMS)
NEXTCARD, LLC and MARSHALL CREDIT J _
STRATEGIES, LLC, . g JURY TRIAL
Defendants. g I
STIPULATION AND PROPOSED ORDER EXTENDING DEFENDANTS’ TIME
TO AN SWER, MOVE, PLEAD OR OTHERVVISE RESPOND
Pursuant to FED. R. CIV. P. 6(b)(l), Defendants NextCard LLC and Marshall Credit
Strategies, LLC, along with Plaintiff Liveperson, Inc., together file this Stipulation and Proposed
Order Extending Defendants’ Time to Answer, Move, Plead or Otherwise Respond to Plaintiffs
Complaint and Jury Demand.
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Defendants request a 30-day extension of time to respond to Plaintiffs Complaint (i.e.
until March 20, 2008). Defendants make this request for the following reasons:
l. Plaintiff filed its Complaint on J anuary30, 2008.
2. Each Defendant is a Texas corporation with its respective headquarters located in
Texas. NextCard, LLC is located in Marshall, Texas and Marshall Credit Strategies, LLC is
located in Dallas, Texas.
3. Plaintiff served Defendants via substituted service on the Delaware Secretary of
State on or about January 30, 2008. Accordingly, Defendants’ deadline to answer, move, plead,
or otherwise respond currently is February 19, 2008.
4. Defendants received certified mail packages forwarded from the Delaware
Secretary of State on or about February I3, 2008. J
nB02;6ss433s.1 1 . L 4 067025.100l

i Case 1 :08-cv—OOO62-GIVIS Document 10 Filed O2/19/2008 Page 2 of 3
5. Since learning of this lawsuit, Defendants have been diligent in obtaining counsel.
In order to adequately respond, however, Defendants require additional time to investigate the
claims asserted herein and to prepare responsive motions and/or pleadings. I
6. Plaintiff does not oppose the relief requested in this motion. 1
7. _ The parties hereto further stipulate and agree that the Defendants’ request for an
extension of time, and the filing of this Stipulation and Motion, does not amotuit to a waiver of
any of Defendants’ defenses, including but not limited to motions asserted under FED. R. CIV. P.
12(b).
V YOUNG CONAWAY STARGATT & ` FINGER & SLANINA, LLC {
TAYLOR, LLP
/9/ Melanie K Sharp ` /9/ David L. Finger I -
Melanie K. Sharp (No. 2501) l David L. Finger (No. 2556)
Andrew A. Lundgren (No. 4429) One Commerce Center
. The Brandywine Building 1201 Orange Street, Suite 725 1
1000 West Street, 17th Floor ‘ Wilmington, DE 19801-1155
Wilmington, Delaware 19801 q (302) 994-6766
P.O. Box 391 ’ dfinge1·@delawgroup.com
Wilmington, Delaware 19899-03 91
(302) 571-6681 Attorneys for D€]%HdGHfS NextCard LLC
[email protected] and-Marshall Credit Strategie.9, LLC q
Steven M. Bauer S
Kimberly A. Mottley
Todd A. Gerety 1
PROSKAUER ROSE LLP
I One International Place
Boston, MA 02110-2600
(617) 526-9600 1
Attorneys for PZaintQj'LivePer.90n, Inc.
Dated: February 19, 2008 _ j
. 2
n1a02;6sa4sss.1- 0670291001 3

Case 1:08-cv—OOO62-G|\/IS Document 10 Filed O2/19/2008 Page 3 of 3
SO ORDERED this day of February, 2008: Defendants’ time to respond to
Plaintiffs Complaint and Jury Demand is hereby extended for 30 days, to March 20, 2008.
Defendants’ request for an extension of time, and the filing of this Stipulation and Motion, do not
amotuit to a waiver of any of Defendants’ defenses, including but not limited to 1notions asserted
under FED. R. CIV. P. l2(b). ‘ V
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DEO2:6584335.l 067025.100l I

Case 1:08-cv-00062-GMS

Document 10

Filed 02/19/2008

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Case 1:08-cv-00062-GMS

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Case 1:08-cv-00062-GMS

Document 10

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