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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT,
`LLC
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`Plaintiff,
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`v.
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`ZTE CORPORATION AND ZTE (TX),
`INC.,
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`Defendants.
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`CIV. NO. 2:17-CV-00517-JRG
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` JURY TRIAL DEMANDED
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`AGREED MOTION THAT DEFENDANT’S MOTION TO DISMISS IS MOOT AND
`EXTENDING DEFENDANT’S TIME TO
`RESPOND TO AMENDED COMPLAINT
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`Plaintiff AGIS Software Development, LLC (“AGIS”) and Defendant ZTE (TX), Inc.
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`hereby submit this Agreed Motion that the ZTE (TX), Inc.’s Motion to Dismiss Plaintiff’s
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`Complaint for Failure to State a Claim and Improper Venue or in the Alternative to Transfer
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`(Doc. No. 28) is moot and withdrawn without prejudice to re-filing in light of AGIS’s
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`Amended Complaint filed October 17, 2017 (Doc. No. 32), and that no response is required.
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`AGIS and ZTE (TX), Inc.’s also hereby submit this Agreed Motion to extend ZTE (TX),
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`Inc.’s deadline to answer, move, or otherwise respond to the Amended Complaint (Doc. No. 32)
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`by 21 days from October 31, 2017 to November 21, 2017. The parties do not file this Agreed
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`Motion for the purposes of delay, but rather to allow the parties to adequately address the
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`Amended Complaint and in order that justice be done.
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`Dated: October 20, 2017
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`Respectfully submitted,
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`Case 2:17-cv-00517-JRG Document 34 Filed 10/20/17 Page 2 of 4 PageID #: 373
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`FINNEGAN, HENDERSON,
`FARABOW, GARRETT & DUNNER,
`LLP
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`/s/Lionel M. Lavenue_
`Lionel M. Lavenue
`Two Freedom Square
`11955 Freedom Drive
`Reston, VA 20190
`Phone (571) 203-2700
`Fax: (202) 408-4400
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`Attorney for Defendant
`ZTE (TX), Inc.
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`BROWN RUDNICK LLP
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`/s/Alfred R. Fabricant____
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
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`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
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`Case 2:17-cv-00517-JRG Document 34 Filed 10/20/17 Page 3 of 4 PageID #: 374
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`MCKOOL SMITH, P.C.
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`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
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`Attorneys for Plaintiff AGIS
`Software Development, Inc.
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`Case 2:17-cv-00517-JRG Document 34 Filed 10/20/17 Page 4 of 4 PageID #: 375
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that, on October 20, 2017, all counsel of record who are
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`deemed to have consented to electronic service are being served with a copy of this document
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`via the Court's CM/ECF system per Local Rule CV-5(a)(3).
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` /s/Joseph Mercadante
` Joseph Mercadante
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