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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

MONUMENT PEAK VENTURES, LLC,

Plaintiff,

v. 

BLU PRODUCTS, INC., 

Defendant.

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2:23-cv-00169-JRG-RSP

JURY TRIAL DEMANDED

PLAINTIFF’S UNOPPOSED MOTION TO EXTEND RESPONSE DEADLINE

Plaintiff Monument Peak Ventures, LLC (“Plaintiff” or “MPV”) hereby moves to extend 

its deadline to respond to Defendant BLU Products, Inc.’s (“Defendant” or “BLU”) Motion to 

Dismiss for Improper Venue or, in the Alternative, to Transfer [Dkt. 7] for fourteen (14) days from 

the current deadline, or until July 31, 2023. 

I. INTRODUCTION

1. On May 12, 2023, BLU filed its Motion to Dismiss for Improper Venue or, in the 

Alternative, to Transfer (“Defendant’s Motion”) [Dkt. 7] in response to Plaintiff’s Original 

Complaint for Patent Infringement [Dkt. 1] seeking to transfer this lawsuit to the Southern District 

of Florida. 

2. On June 5, 2023, the Court granted Plaintiff’s Unopposed Motion to Extend 

Response Deadline and for Venue Discovery [Dkt. 10], extending the original submission deadline 

for Plaintiff to file a Response to Defendant's Motion from June 2, 2023 to July 17, 2023. 

3. On June 7, 2023, Plaintiff served its first set of Venue Discovery Requests 

(“Plaintiff’s Discovery Requests”) on Defendant. Per agreement of the Parties, Defendant is still 

in the process of locating and producing documents responsive to these requests. 
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4. Additionally, Plaintiff is scheduled to take the deposition of Defendant’s corporate 

representative on July 21, 2023. 

II. MOTION TO EXTEND RESPONSE DEADLINE

1. Plaintiff respectfully requests additional time to file its response so that it may 

conduct its venue discovery including deposing its corporate representative and review of 

Defendant’s responses to Plaintiff’s Discovery Requests so that Plaintiff may properly respond to 

Defendant’s Motion. 

2. Defendant does not oppose this motion. 

3. This motion is not presented for the purposes of delay, but rather so that justice may 

be done. No other deadlines will be affected by the extension of time sought. 

III. CONCLUSION & PRAYER

For these reasons, Plaintiff Monument Peak Ventures, LLC asks this Court to grant its

motion and extend the deadline to respond to Defendant’s Motion to Dismiss for Improper Venue 

or, in the Alternative, to Transfer for fourteen (14) days from July 17, 2023 to July 31, 2023. 
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Dated: July 12, 2023 Respectfully submitted,

PLATT CHEEMA RICHMOND PLLC

/s/ Matthew C. Acosta 

Matthew C. Acosta

Texas Bar No. 24062577 

macosta@pcrfirm.com

Nicholas C. Kliewer

Texas Bar No. 24083315 

nkliewer@pcrfirm.com 

1201 N. Riverfront Blvd., Suite 150 

Dallas, Texas 75207 

214.559.2700 Main 

214.559.4390 Fax 

ATTORNEYS FOR PLAINTIFF

MONUMENT PEAK VENTURES, LLC

CERTIFICATE OF CONFERENCE

The undersigned certifies that Plaintiff’s counsel conferred with Defendant’s counsel via 

electronic mail on July 10, 2023 and that Defendant’s counsel does not oppose the relief requested 

herein. 

/s/ Matthew C. Acosta__________ 

Matthew C. Acosta

CERTIFICATE OF SERVICE

The undersigned counsel for Plaintiff does hereby certify that the foregoing document was 

served on all counsel of record on July 12, 2023 by the Court’s electronic filing notification system.

 

 /s/ Matthew C. Acosta 

Matthew C. Acosta