MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 33

MOTION for Extension of Time to file dispositive motions by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Text of Proposed Order Proposed Order)(Venable, Lance)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF VENABLE, CAMPILLO, LOGAN & MEANEY, P.C. 1938 EAST OSBORN ROAD PHOENI X, ARIZONA 85016 TELEPHONE (602) 631-9100 FACSIMILE (602) 631 4529 E-MAIL DOCKETING@VCLMLAW .COM Lance C. Venable (AZ Bar No 017074) Joseph R. Meaney (AZ Bar No. 017371) Attorneys for Plaintiff MDY Industries, LLC UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MDY INDUSTRIES, LLC, Plaintiff and Counterdefendant, vs. BLIZZARD ENTERTAINMENT, INC., and VIVENDI GAMES, INC., Defendants and Counterclaim Plaintiffs. BLIZZARD ENTERTAINMENT, INC., and VIVENDI GAMES, INC., Third-Party Plaintiffs, vs. MICHAEL DONNELLY, an individual Third-Party Defendant Case No.: CV06-02555-PHX-DGC JOINT MOTION TO EXTEND THE DEADLINE FOR FILING DISPOSITIVE MOTIONS FIRST REQUEST The Honorable David G. Campbell The parties respectfully request that the Court extend the deadline for submitting dispositive motions set forth in the Court's April 6, 2007 order by twentyone (21) days from February 29, 2008 to March 21, 2008. The parties jointly request the extension because both parties' expert witnesses have requested two weeks beyond the discovery deadline of January 25, 2008 to -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 supplement their respective expert reports. Because the witnesses were deposed as late as January 24, 2008, they did not have sufficient time to supplement their reports prior to the discovery deadline. Counsel for both parties expect to rely upon what may be included in the supplemented reports in preparing their respective dispositive motions and believe that the request is not excessive or unreasonable. This is the first request to extend any deadline in this matter by either party. Both parties do not expect the need for any further extensions to file dispositive motions. WHEREFORE, the parties jointly request that this Court modify its April 6, 2007 order by extending the deadline to file dispositive motions from February 29, 2008 to March 21, 2008. Dated this 7th day of February, 2008 Venable, Campillo, Logan & Meaney, P.C. By /s/Lance C. Venable Lance C. Venable SBN 017074 Joseph R. Meaney SBN 017371 1938 East Osborn Road Phoenix, Arizona 85016 Tel: 602-631-9100 Fax: 602-631-9796 E-Mail docketing@vclmlaw.com Attorneys for Plaintiff MDY Industries, LLC and Third-Party Defendant Donnelly -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SONNENSCHEIN NATH & ROSENTHAL LLP By: /s/Christian S. Genetski _ Christian S. Genetski (Pro Hac Vice) Shane M. McGee (Pro Hac Vice) 1301 K Street, N.W. Suite 600, East Tower Washington, DC 20005 Telephone: (202) 408-6400 cgenetski@sonnenschein.com smcgee@sonnenschein.com Scott Stein (AZ Bar No. 022709) 2398 East Camelback Road Suite 1060 Phoenix, AZ 85016-9009 Telephone: (602) 508-3900 sstein@sonnenschein.com Attorneys for Defendants, CounterClaim Plaintiffs, and Third Party Plaintiffs Blizzard Entertainment, Inc. and Vivendi Games, Inc. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Name CERTIFICATE OF SERVICE I hereby certify that on February 7, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Name Email Address I hereby certify that on __________________, I served the attached document by FIRST CLASS MAIL on the following, who are not registered participants of the CM/ECF System: Physical or Email Address s/ Lance C. Venable -4-