Sony BMG Music Entertainment, et al v. Tenenbaum

Filing 28

MOTION to extend time to file reply brief filed by Appellee/Cross-Appellant Joel Tenenbaum in 10-1947, 10-1883, 10-2052. Certificate of service dated 11/04/2010. [10-1947, 10-1883, 10-2052] (CRN)

Sony BMG Music Entertainment, et al v. Tenenbaum

Doc. 28

DOCKET NOS. 10-1883, 10-1947, 10-2052 IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT SONY BMG MUSIC ENTERTAINMENT, ET AL., and UNITED STATES OF AMERICA Plaintiffs-Appellants/Cross-Appellees, v. JOEL TENENBAUM, Defendant-Appellee/Cross-Appellant. ON APPEAL FROM THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS DEFENDANT-APPELLEE/CROSS-APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF Defendant-appellee/cross-appellant Joel Tenenbaum hereby respectfully moves this Court for an order extending the due-date for his brief for thirty (30) days from the current due date of November 26, 2010, to and including December 27, 2010. This is Defendant-appellee/cross-appellant's first request for an extension of time. The reasons for the extension are as follows: 1. On October 27, 2010, Plaintiff-appellants/cross-appellees Sony BMG Music Entertainment et al. and, separately, the United States served upon movant their respective principal briefs. Under the provisions of Rule 31 of the Federal Rules of Appellate Procedure and this Court's prior order, movant's brief is due to be filed on November 26, 2010. 2. Charles Nesson is pro bono counsel and a full-time professor at Harvard Law School. He is assisted by full-time law students Jason Harrow JD `11, Andrew Breidenbach JD `11, Nathan Lovejoy JD `13, and Phillip Hill JD `13. They have been diligently conducting research to prepare a brief, but the opening briefs raise significant

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issues that merit further consideration than the current timeline will allow. Due to the constraints of their academic schedules, they are unable to devote their complete attention to the brief under the current timeline. All are taking a full-course load and have impending exams. 3. Additionally, the fact that the current due date of November 26, 2010 is the Friday after Thanksgiving presents additional difficulties. The Thanksgiving holiday is a time to spend with family and, as students, a time to catch up with schoolwork. 4. A thirty-day extension would allow sufficient time to prepare a brief for this Court while also permitting students to complete their course work for the semester before the filing deadline. 5. This motion is unopposed by both Plaintiff-appellants/cross-appellees Sony BMG Entertainment, et al., and by the United States. WHEREFORE, the undersigned respectfully requests that the Court extend the time to file movant's principal/response brief by thirty (30) days, to December 27, 2010, to permit a thorough consideration of and response to the Plaintiff-appellants/crossappellees' opening brief. Respectfully submitted, /s/Charles R. Nesson Charles R. Nesson* BBO #369320 1575 Massachusetts Avenue Cambridge, Massachusetts 02138 617 495-4609 [e-mail] Matthew H. Feinberg BBO #161380 Matthew A. Kamholtz BBO #257290 FEINBERG & KAMHOLTZ 125 Summer St. Boston, Massachusetts 02110 With assistance from Harvard Law students Jason Harrow, Andrew Breidenbach, Nathan Lovejoy, and Phillip Hill.
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November 4, 2010