Silver... The way I see things:

doc 69 was a mutually agreed condition having a 3-1-2010 date to answer without any noted court conditions ....it was modified and court administered with 81 and 82 having a formal date to answer the complaint 1-20-2010....they now want to change that date to 2-15-2010......big day, that day...

IMO, the mutual conditions of doc 69 are still in effect, they're just looking for more room to do what they formally have to do with the complaint in the eyes of the court.

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STIPULATED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

Plaintiff e.Digital Corporation (“e.Digital”) and Defendants Nokia Inc. and Nokia

Corporation (“Nokia”), by and through their counsel of record, respectfully move the Court for an extension of time for Nokia Inc. and Nokia Corporation to respond to e.Digital’s Complaint, and in support thereof state as follows:

1. Nokia Inc. and Nokia Corporation waived personal service of the Summons and Complaint on December 30, 2009, after being informed that e.Digital agreed to extend Nokia’s deadline for responding to the Complaint until February 15, 2010.

2. Nokia’s current deadline for responding to the Complaint is January 20, 2010.

3. Pursuant to D.C.COLO.LCivR 7.1A, Nokia conferred with e.Digital’s counsel regarding obtaining an extension of time to respond to the Complaint. e.Digital has agreed to an extension of the response date to at least February 15, 2010.

4. Obtaining an extension of time would allow the parties to explore possibilities for settlement.

5. No extension of time has been requested or granted for Nokia prior to this motion.

WHEREFORE, e.Digital and Nokia respectfully request an extension of time until February 15, 2010 for Nokia to file its response to the Complaint.

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doni