Energy Automation Systems, Inc. v. Xcentric Ventures, LLC et al Doc.

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ENERGY AUTOMATION SYSTEMS, INC. )

)
Plaintiff, )
)
v. )
) Case No.: 3-06-1079
XCENTRIC VENTURES, LLC, ET AL, ) Judge Trauger
) Magistrate-Judge Griffin
Defendants. )
)
)
)

UNOPPOSED MOTION FOR EXTENSION OF TIME

TO RESPOND TO COMPLAINT

Defendant Xcentric Ventures, L.L.C. (“Xcentric”) respectfully moves for an extension of

time to move, answer, or otherwise respond to Plaintiffs’ Complaint to and including January 5,

2007. Plaintiffs’ counsel has been consulted and this request has been agreed to. In further

support of this Motion, the Defendant states as follows:

1. Plaintiff filed its Complaint in this matter on November 6, 2006, naming Xcentric,

various d/b/a entities and Mr. Edward Magedson as defendants. At this time only Xcentric has

been served.

2. The Defendant, Xcentric, has requested additional time in order to respond

appropriately to and including January 5, 2007.

3. Counsel for Plaintiffs has indicated in a written email exchange that there is no

opposition to this request.

Case 3:06-cv-01079 Document 7 Filed 12/29/2006 Page 1 of 3

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 4. This is Defendants Xcentric’s first request for an extension of time to move,

answer, or otherwise respond to the Amended Complaint. Plaintiffs will not be prejudiced by the

extension.

5. In making this motion, Defendant does not waive any defenses (including,

without limitation, personal jurisdiction, subject-matter jurisdiction, venue and failure to state a

claim), objections, rights or claims.

WHEREFORE, for the foregoing reasons, Defendant Xcentric respectfully moves this

Court for an extension of time, until and including January 5, 2007, within which to move,

answer, or otherwise respond to Plaintiffs’ Complaint.

Respectfully submitted,

s/James A. Freeman
James A. Freeman (BPR No. 003223)
Talmage M. Watts (BPR No. 015298)
JAMES A. FREEMAN & ASSOCIATES, P.C.
2804 COLUMBINE PL.
Nashville, Tennessee 37204
Tel.: (615) 383.3787
Fax: (615) 463.8083
E-mail: jfreeman@jafreemanlaw.com &
tmwatts@jafreemanlaw.com

Case 3:06-cv-01079 Document 7 Filed 12/29/2006 Page 2 of 3

 CERTIFICATE OF SERVICE

Service of the foregoing was accomplished through the Court’s Electronic Filing System
upon the following on this 29th day of December, 2006:

Jay S. Bowen, Esq.

William L. Campbell, Jr.
BOWEN RILEY W ARNOCK & JACOBSON , PLC
1906 West End Avenue
Nashville, Tennessee 37203
E-mail: jbowen@bowenriley.com & wcampbell@bowenriley.com

s/James A. Freeman
Counsel for Defendants

Case 3:06-cv-01079 Document 7 Filed 12/29/2006 Page 3 of 3