`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`EMERSON ELECTRIC CO., FISHER-
`ROSEMOUNT SYSTEMS, INC., and
`ROSEMOUNT INC.,
`
`Plaintiffs,
`
`v.
`
`SIPCO LLC, and
`IP CO., LLC (d/b/a INTUS IQ)
`
`Defendants.
`
`Civil Action No. 1:13-cv-02528-AT
`
`Declaratory Judgment
`Patent
`
`PLAINTIFFS’ UNOPPOSED MOTION FOR AN EXTENSION OF TIME
`FOR DEFENDANTS TO RESPOND TO THE COMPLAINT
`
`Plaintiffs Emerson Electric Co., Fisher-Rosemount Systems, Inc., and
`
`Rosemount Inc. (collectively, “Emerson” or “Plaintiffs”) hereby file this motion
`
`for a 60-day extension of time for the Defendants to answer or otherwise respond
`
`to the complaint. Defendants support this motion. (See Petite Decl., ¶3).
`
`Each of the Defendants has agreed to waive service of the summons
`
`pursuant to Federal Rule of Civil Procedure 4(d), and the waivers were filed with
`
`the Court on November 27, 2013. Currently, the due date for the Defendants to
`
`answer or otherwise respond to the complaint is December 28, 2013. Plaintiffs and
`
`Defendants have been and continue to be involved in licensing discussions that, if
`
`
`
`Case 1:13-cv-02528-AT Document 18 Filed 12/13/13 Page 2 of 3
`
`successful, will settle the present action. (See Petite Decl., ¶¶2-3; Groves Decl.,
`
`¶¶2-3). To allow more time for an agreement to be reached, Plaintiffs request a 60-
`
`day extension of the date by which Defendants must answer. If the present motion
`
`is granted, the new due date will be February 26, 2014.
`
`Dated: December 13, 2013
`
`By: /s/ Damon J. Whitaker______________
`William V. Custer
`Georgia Bar No. 202910
`bill.custer@bryancave.com
`Damon J. Whitaker
`Georgia Bar No. 752722
`damon.whitaker@bryancave.com
`BRYAN CAVE, LLP
`One Atlantic Center, Fourteenth Floor
`1201 W. Peachtree St., N.W.
`Atlanta, Georgia 30309
`Tel: 404-572-6828
`Fax: 404-420-0828
`
`-Admitted Pro Hac Vice-
`Donald L. Jackson
`James D. Berquist
`J. Scott Davidson
`Gregory A. Krauss
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`4300 Wilson Blvd., Suite 700
`Arlington, Virginia 22203
`Telephone: (703) 894-6400
`Facsimile: (703) 894-6430
`djackson@dbjg.com
`jberquist@dbjg.com
`sdavidson@dbjg.com
`
`- 2 -
`
`
`
`Case 1:13-cv-02528-AT Document 18 Filed 12/13/13 Page 3 of 3
`
`gkrauss@dbjg.com
`
`Attorneys for Plaintiffs
`EMERSON ELECTRIC CO., FISHER-
`ROSEMOUNT SYSTEMS, INC. and
`ROSEMOUNT, INC.
`
`Local Rule 7.1(D) Certification of Compliance
`
`I hereby certify that the foregoing pleading has been prepared with Times
`New Roman font, 14 point, one of the font and point selections approved by the
`Court in L.R. 5.1B, N.D. Ga.
`
`/s/ Damon J. Whitaker
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the foregoing
`Plaintiffs’ Unopposed Motion for an Extension of Time for Defendants to
`Respond to the Complaint was served on Defendants via U.S. Mail, postage
`prepaid, addressed as follows:
`
`SIPCO LLC
`c/o Candida Petite, COO
`8215 Roswell Road
`Building 900, Suite 950
`Atlanta, Georgia 30350
`
`IP CO., LLC
`c/o Candida Petite, COO
`8215 Roswell Road
`Building 900, Suite 950
`Atlanta, Georgia 30350
`
`This 13th day of December, 2013
`
`#6327436_1
`
`/s/ Damon J. Whitaker
`
`- 3 -
`
`
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