Calypso Wireless (fka CLYW)

[conagra]

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

CALYPSO WIRELESS, INC., and DRAGO DAIC

Plaintiffs-Counterclaim Defendants,

v.

T-MOBILE USA, INC., Defendant-Counterclaim Plaintiff.

Case No. 2:08-cv-441-TJW-CE Jury Trial Demanded

UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO PROSECUTE
Defendant T-Mobile USA, Inc. (“T-Mobile”), by its attorneys, respectfully requests an extension of time to file a Reply in support of its Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to Prosecute, showing the Court as follows:

T-Mobile filed its Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to Prosecute on February 3, 2010. (D.I. 109).
2. Plaintiffs’ response was due on Thursday, February 18, 2010.
Counsel for Plaintiff Calypso Wireless, Inc. (“Calypso”) requested, and counsel for T-Mobile agreed, to extend the time for Plaintiffs Calypso and Drago Daic (“Daic”) to file a response to the Motion to Dismiss to Tuesday, February 23, 2010. (D.I. 115). The Court granted this request on February 22, 2010. (D.I. 117).
Plaintiffs filed their response in opposition to T-Mobile’s motion on Wednesday, February 24, 2010. (D.I. 120).
T-Mobile’s response to Plaintiffs’ opposition is due Wednesday, March 3, 2010.
T-Mobile requested, and counsel for Plaintiffs Calypso and Daic agreed, to extend
T-Mobile’s time to file a reply to Plaintiffs’ opposition to T-Mobile’s Motion to Dismiss by nine

days to Friday, March 12, 2010.

3. Accordingly, T-Mobile hereby makes an unopposed motion to extend its time to

file a reply in support of its Motion to Dismiss for Lack of Subject Matter Jurisdiction and

Failure to Prosecute to Friday, March 12, 2010. This is the first request for an extension of time

to respond to Plaintiffs’ opposition to T-Mobile’s Motion to Dismiss.

Dated: February 25, 2010 Respectfully submitted,

/s/ Anne ChampionJosh A. Krevitt, N.Y. Bar 2568228 Lead Attorney Benjamin Hershkowitz, N.Y. Bar No. 2600559 Richard M. Koehl, N.Y. Bar No. 4193694 Anne Champion, N.Y. Bar No. 4425237 GIBSON, DUNN & CRUTCHER LLP 200 Park Avenue New York, NY 10166 Telephone: [phone]Facsimile: [phone]

[e-mail]@[e-mail]

Attorneys for Defendant T-Mobile USA, Inc.

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service on February 25, 2010.

/s/ Anne Champion

CERTIFICATE OF CONFERENCE
The undersigned certifies that counsel for the Defendant, Anne Champion, met and conferred with counsel for Plaintiff Calypso Wireless, Inc., Anthony Miller, and counsel for Plaintiff Drago Daic, Timothy Johnson, and obtained their consent to the foregoing motion.

/s/ Anne Champion

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

CALYPSO WIRELESS, INC., and DRAGO DAIC

Plaintiffs-Counterclaim Defendants,

v.

T-MOBILE USA, INC., Defendant-Counterclaim Plaintiff.

Case No. 2:08-cv-441-TJW-CE Jury Trial Demanded

[PROPOSED] ORDER GRANTING MOTION TO EXTEND TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO PROSECUTE
Defendant T-Mobile USA, Inc.’s (“T-Mobile”) Unopposed Motion to Extend Time to File Reply in Support of its Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to Prosecute is hereby GRANTED. T-Mobile shall file a reply in support of its motion to dismiss by Friday, March 12, 2010.