`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`______________________________________________________________________________
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`)
`B.E. TECHNOLOGY, L.L.C.,
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`Plaintiff,
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`) Civil Action No. 2:12-cv-02781-JPM-cgc
`v.
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`GROUPON, INC.,
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`Defendant.
`______________________________________________________________________________
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`UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND
`AND MEMORANDUM IN SUPPORT THEREOF
`______________________________________________________________________________
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`Defendant, Groupon, Inc. (“Groupon”), respectfully moves for an extension of time in
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`which Groupon may respond to the Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) and
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`Motion to Strike Under Fed. R. Civ. P. 12(f) (Doc. 24), filed by Plaintiff on January 25, 2013. In
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`support of the motion, Groupon states as follows:
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`1.
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`2.
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`Plaintiff’s motion seeks relief under both Rule 12(b) and Rule 12(f).
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`Pursuant to Local Rule 12.1, a party opposing a motion to dismiss under Rule
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`12(b) must file a response within 28 days. Pursuant to Local Rule 7.2, however, a party
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`opposing a motion to strike under Rule 12(f) must file a response within 14 days.
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`3.
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`In the interest of efficiency, Groupon prefers to address all of the issues raised in
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`Plaintiff’s motion in a single response.
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`4.
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`Groupon therefore respectfully requests that the Court grant an extension of time
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`to respond to the portion of Plaintiff’s motion seeking relief under Rule 12(f) such that the
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`deadline for Groupon’s combined response is February 25, 2013.
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`Case 2:12-cv-02781-JPM-cgc Document 29 Filed 02/08/13 Page 2 of 3 PageID 224
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`WHEREFORE, Groupon respectfully requests that the Court grant this motion and allow
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`it up to and including February 25, 2013, in which to file a combined response to Plaintiff’s
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`Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) and Motion to Strike Under Fed. R. Civ. P.
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`12(f).
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`Respectfully submitted,
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`/s/ Annie T. Christoff
`John S. Golwen (TN BPR #014324)
`Annie T. Christoff (TN BPR #026241)
`BASS, BERRY & SIMS, PLC
`100 Peabody Place, Suite 900
`Memphis, Tennessee 38103
`Telephone: (901) 543-5900
`Facsimile:
`(901) 543-5999
`Email:
`jgolwen@bassberry.com
`
`achristoff@bassberry.com
`
`Of counsel:
`Jeanne M. Gills
`Jason J. Keener
`FOLEY & LARDNER LLP
`321 North Clark Street, Suite 2800
`Chicago, Illinois 60654
`Telephone:
`(312) 832-4500
`Facsimile:
`(312) 832-4700
`Email:
`jmgills@foley.com
`
`
`jkeener@foley.com
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`Attorneys for Defendant, Groupon, Inc.
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`2
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`Case 2:12-cv-02781-JPM-cgc Document 29 Filed 02/08/13 Page 3 of 3 PageID 225
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`CERTIFICATE OF CONSULTATION
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`Prior to the filing of this motion, counsel for Plaintiff, Richard Carter, was consulted and
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`indicated that Plaintiff does not object to the relief requested herein.
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`/s/ Annie T. Christoff
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`CERTIFICATE OF SERVICE
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`11296703.2
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`The undersigned hereby certifies that on the 8th day of February, 2013, a copy of the
`foregoing was filed electronically. Notice of this filing will be sent by operation of the Court’s
`electronic filing system to all parties indicated on the electronic filing receipt. Parties may
`access this filing through the Court’s electronic filing system.
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`/s/ Annie T. Christoff
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`3
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