`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT
`LLC,
`
`Plaintiff,
`
`v.
`
`T-MOBILE USA, INC. and T-MOBILE
`US, INC.,
`LYFT, INC.,
`Defendants.
`
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`Case No. 2:21-cv-00072-JRG-RSP
` (LEAD CASE)
`
`Case No. 2:21-cv-00024-JRG-RSP
` (MEMBER CASE)
`
`ORDER
`
`Before the Court are four motions. Lyft has filed: the Motion for Extension of Time to File
`
`Bill of Costs and Motion for Fees (“First Motion”), Dkt. No. 356, the Motion for Further Extension
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`of Time to File Bill of Costs and Motion for Fees (“Second Motion”), Dkt. No. 363, and the
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`Unopposed Motion to Withdraw its Motions for Extension of Time (Dkt. Nos. 356 and 363)
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`(“Motion to Withdraw”). Dkt. No. 365. Additionally, before the Court is the Joint Motion for
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`Extension of Time to File Bill of Costs and Motion for Fees (“Joint Motion”) filed by Plaintiff
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`AGIS Software Development LLC and Lyft. Dkt. No. 364.
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`After due consideration, the Court GRANTS the Motion to Withdraw (Dkt. No. 365). It is
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`therefore ORDERED that the First Motion (Dkt. No. 356) and the Second Motion (Dkt. No. 363)
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`are hereby withdrawn.
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`Turning to the Joint Motion, the parties move the Court “to extend the deadline for Lyft
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`to file any motion for costs and fees in this case until thirty days after the resolution of the Lyft,
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`Inc. v. AGIS Software Development LLC, Case No. 3:21-cv-04653, pending in the Northern
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`District of California (‘NDCA case’).” Dkt. No. 364 at 1.
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`
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`Case 2:21-cv-00072-JRG-RSP Document 367 Filed 02/25/22 Page 2 of 2 PageID #: 23223
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`After due consideration, the Court GRANTS-IN-PART the Joint Motion. Because this
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`Court did not transfer this case to the Northern District of California and the parties offer no clear
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`explanation as to why the Court should base an extension on a case pending in another district, the
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`Court declines to base any extension on the NDCA case. However, the Court will grant an
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`extension of thirty days. It is therefore ORDERED that Lyft has to March 25, 2022 to file a motion
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`for costs and/or fees. After March 25, Lyft will need to show exceptional circumstances for its
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`failure to timely file a motion.
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`