BabyAge..com, Inc. v. Leachco, Inc.

Filing 20

MOTION to Withdraw as Attorney, MOTION for Extension of Time to File Answer re 8 Third Party Complaint, by BabyAge..com, Inc..(Smolow, Mitchell)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA BABYAGE.COM, INC., Plaintiff-Counterclaim Defendant v. LEACHCO, INC., Defendant-Counterclaim Plaintiff/ Third Party Plaintiff and JAMIE S. LEACH, Counterclaim Plaintiff/ Third Party Plaintiff v. JOHN M. KIEFER, JR., Third Party Defendant : : : : : : : : : : : : : : : : : : : CIVIL ACTION NO. 3:07-cv-01600-ARC Judge A. Richard Caputo Filed Electronically MOTION TO WITHDRAW AND REQUEST FOR A THIRTY DAY EXTENSION OF TIME TO FILE JOHN M. KIEFER, JR'S ANSWER Counsel for Plaintiff / Counterclaim Defendant BabyAge.com, Inc. does hereby move this Honorable Court for leave to withdraw and for a thirty day extension of time for John M. Kiefer, Jr. to file his answer and in support thereof sets forth the following. 1. The above captioned matter relates to alleged patent infringement. {00005421.DOCX; 1 } 2. Defendant-Counterclaim Plaintiff/Third Party Plaintiff Leachco, Inc. ("Leachco") and Counterclaim Plaintiff/Third Party Plaintiff Jamie S. Leach ("Leach") have alleged willful infringement. 3. The undersigned counsel for Plaintiff / Counterclaim Defendant BabyAge.com, Inc. ("BabyAge") has come to the determination that he will have to become a witness on behalf of both BabyAge and Third Party Defendant John M. Kiefer, Jr. ("Kiefer") to give evidence as to their lack of willful intent. 4. 5. 6. Pursuant to Local Rule 43.1 the undersigned must withdraw as trial counsel. Pursuant to Local Rule 83.15 leave of court is required. Upon information and belief, Attorney Andrew J. Katsock will be entering his appearance on behalf of BabyAge and Kiefer. 7. Pending before the court are Leachco and Leach's motion to strike BabyAge's answer and BabyAge's motion to amend its answer. Both motions have been fully briefed. 8. Kiefer's answer to Leachco and Leach's third party complaint is due January 7, 2008. -2{00005421.DOCX; 1 } 9. Substitute counsel has requested a thirty day extension to file Kiefer's answer. 10. Pursuant to Local Rule 7.5 a supporting brief is not required. Wherefore, the undersigned respectfully requests that this Honorable Court grant 1) leave for withdrawal upon entry of substitute counsel and 2) a thirty day extension for Kiefer to file his answer. Respectfully Submitted, Mitchell A. Smolow PA 80307 720 Hampton Road Shavertown, PA 18708 570-714-4000 (O) 570-696-3320 (F) msmolow@smolowlaw.com Attorney for Plaintiff-Counterclaim Defendant Date: January 3, 2008 -3{00005421.DOCX; 1 } UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA BABYAGE.COM, INC., Plaintiff-Counterclaim Defendant v. LEACHCO, INC., Defendant-Counterclaim Plaintiff/ Third Party Plaintiff and JAMIE S. LEACH, Counterclaim Plaintiff/ Third Party Plaintiff v. JOHN M. KIEFER, JR., Third Party Defendant : : : : : : : : : : : : : : : : : : : CIVIL ACTION NO. 3:07-cv-01600-ARC Judge A. Richard Caputo Filed Electronically ORDER Upon Plaintiff / Counterclaim Defendant's motion, it is hereby ORDERED that Mitchell A. Smolow be granted leave to withdraw as counsel upon entry of substitute counsel and that John M Kiefer, Jr. be granted a thirty day extension to file his Answer. _______________________________ A. Richard Caputo, J. Dated: __________ ___, 200_ -4{00005421.DOCX; 1 }