SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc.

Filing 32

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint and to Extend Date for Opposition to Motion to Dismiss by Defendant OCLC Online Computer Library Center, Inc. New dates requested 12/13/2010 & 1/14/2011. (Wilson, James) Modified on 11/23/2010 to clarify text (kk2)

SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc. Doc. 32 Case: 2:10-cv-01017-MHW-TPK Doc #: 32 Filed: 11/22/10 Page: 1 of 4 PAGEID #: 255 IN THE UNITED STATES DISTRICT COURT THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION SKYRIVER TECHNOLOGY SOLUTIONS, LLC, et al., Plaintiffs, vs. OCLC ONLINE COMPUTER LIBRARY CENTER, INC., Defendant. : : : : : : : : : : : Case No. 2:10-cv-1017 Judge Watson Magistrate Judge Kemp UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD Defendant, OCLC Online Computer Library Center, Inc., respectfully requests an extension of time up to and including December 13, 2010, to answer or otherwise plead in response to Plaintiffs' Complaint filed herein, and for an extension of Plaintiffs' date to file its memorandum in opposition to the Motion to Dismiss OCLC anticipates filing to January 14, 2011. Counsel for Plaintiffs have indicated that they do not oppose this Motion. A memorandum in support is attached hereto. Respectfully submitted, /s/ James A. Wilson James A. Wilson (0030704), Trial Counsel VORYS, SATER, SEYMOUR AND PEASE LLP 52 East Gay Street P.O. Box 1008 Columbus, Ohio 43215 Telephone: (614) 464-5606 Facsimile: (614) 719-4653 E-mail: jawilson@vorys.com Counsel for Defendant OCLC Online Computer Library Center, Inc. Dockets.Justia.com Case: 2:10-cv-01017-MHW-TPK Doc #: 32 Filed: 11/22/10 Page: 2 of 4 PAGEID #: 256 OF COUNSEL: Douglas R. Matthews (0039431) Martha C. Brewer (0083788) Vorys, Sater, Seymour and Pease LLP 52 East Gay Street, P.O. Box 1008 Columbus, Ohio 43216-1008 Telephone: (614) 464-6400 Facsimile: (614) 464-6350 E-mail: drmatthews@vorys.com mcbrewer@vorys.com MEMORANDUM IN SUPPORT Defendant, OCLC Online Computer Library Center, Inc. ("OCLC"), requests that the Court extend the time for it to answer or otherwise plead to December 13, 2010. Further, in light of the intervening holidays, and in consideration of the extension of OCLC's time to file a motion to dismiss, OCLC requests that Plaintiffs' date to file its memorandum in opposition to its motion to dismiss be extended to January 14, 2011. Absent case for any further extension, OCLC's reply memorandum would then be filed within the normal time period provided by the local rules, that is, on January 31, 2011. Before this case was transferred to this Court from in the Northern District of California, the parties proposed to the court that OCLC's time to answer be extended to 21 days from the determination of OCLC's Motion to Transfer this case to this Court. The court entered that schedule, and subsequently, on October 28, 2010, transferred the case to this Court. However, the transfer of this case was not completed until November 12, 2010. Counsel for OCLC currently has a number of deadlines that require this brief extension, including preparation of a motion to dismiss another antitrust case pending in the District of Idaho, an appeal brief for the Fourth Circuit Court of Appeals, and a special master report for the Eastern District of Michigan. 2 Case: 2:10-cv-01017-MHW-TPK Doc #: 32 Filed: 11/22/10 Page: 3 of 4 PAGEID #: 257 Plaintiffs have indicated that they do not oppose this extension, provided that their time to file a memorandum in opposition be extended in light of the intervening holidays. Accordingly, OCLC respectfully requests that the Court enter the briefing schedule proposed above. Respectfully submitted, /s/ James A. Wilson James A. Wilson (0030704), Trial Counsel VORYS, SATER, SEYMOUR AND PEASE LLP 52 East Gay Street P.O. Box 1008 Columbus, Ohio 43215 Telephone: (614) 464-5606 Facsimile: (614) 719-4653 E-mail: jawilson@vorys.com Counsel for Defendant OCLC Online Computer Library Center, Inc. OF COUNSEL: Douglas R. Matthews (0039431) Martha C. Brewer (0083788) Vorys, Sater, Seymour and Pease LLP 52 East Gay Street, P.O. Box 1008 Columbus, Ohio 43216-1008 Telephone: (614) 464-6400 Facsimile: (614) 464-6350 E-mail: drmatthews@vorys.com mcbrewer@vorys.com 3 Case: 2:10-cv-01017-MHW-TPK Doc #: 32 Filed: 11/22/10 Page: 4 of 4 PAGEID #: 258 CERTIFICATE OF SERVICE The undersigned being counsel for Defendant. certifies that a true copy of the foregoing Defendant's Unopposed Motion for Extension of Time was served, this 22nd day of November, 2010 via either the Court's CM/ECF system in accord with Fed. R. Civ. P. 5(b)(2)(E) or by Regular U.S. mail, upon: Arthur Joel Shartsis Mary Jo C. Shartsis Robert E. Schaberg Simone Marie Katz-O'Neill Shartsis Friese LLP One Maritime Plaza, 18th Floor San Francisco, CA 94111 /s/ James A. Wilson James A. Wilson 4