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

Filing 5

Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932 Unopposed Motion to extend time to file Opening brief until 09/14/2009. Date of service: 06/12/2009. [6955013] [09-15932, 09-16044] (JRM)

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

Doc. 5

No. 09-15932

In the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MDY INDUSTRIES LLC AND MICHAEL DONNELLY, Plaintiffs-Appellants,

v. BLIZZARD ENTERTAINMENT, INC. AND VIVENDI GAMES, INC., Defendants-Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA CASE NO. 06 CIV. 2555 JUDGE DAVID G. CAMPBELL

Appellant's Unopposed Motion for 30-day Extension of Time to File Opening Brief

Lance C. Venable Joseph R. Meaney Venable, Campillo, Logan & Meaney, P.C. 1938 East Osborn Rd. Phoenix, Arizona 85016 [phone] Attorneys for Plaintiff-Appellant

Dockets.Justia.com

Appellant's Unopposed Motion for 30-day Extension of Time to File Opening Brief Plaintiffs-Appellants MDY Industries LLC and Michael Donnelly ("MDY") request a thirty (30) day extension of the briefing deadlines set forth in the Court's Time Schedule Order of May 8, 2009. A thirty (30) day extension would make

Appellant's opening brief and excerpts on the record due on September 14, 2009, with the other deadlines similarly extended. Defendant-Appellees consent to the relief sought in this motion. This is Appellants' first request. Good cause supports this motion. As set forth in the attached declaration, this case presents difficult and novel questions in the areas of Copyright Law, the Digital Millenium Copyright Act, and Tortious Interference with Contracts. The Court's resolution of these issues will likely have significant impact far beyond the facts of the case. While Appellants' counsel has already commenced work on this appeal, a full load of other legal matters and previously scheduled family vacations ending shortly before the first brief is due make a thirty (30) day extension substantially necessary. /s/Lance C. Venable Lance C. Venable Venable, Campillo, Logan & Meaney, P.C. 1938 East Osborn Rd. Phoenix, Arizona 85016 [phone] Attorneys for Plaintiff-Appellant

2

DECLARATION OF LANCE C. VENABLE I, Lance C. Venable, have personal knowledge of the facts set forth below: 1. I am an attorney licensed to practice before this Court. I am lead

counsel in this case and I am managing partner at the firm Venable, Campillo, Logan & Meaney, P.C. 2. This is the first request for an extension of time. Appellants' opening

brief is currently due on August 14, 2009. We request a thirty (30) day extension until September 14, 2009. 3. request. 4. 5. This extension of time is necessary and will not prejudice any party. This appeal presents difficult and novel questions in the area of I have spoken with opposing counsel and they do not oppose our

Copyright Law, the Digital Millenium Copyright Act and Tortious Interference with Contracts. Resolving these issues will likely have significant impact far beyond the facts of the case. Joseph Meaney and I have been the attorneys at our firm who have done substantially all of the legal work on this case. 6. We have already commenced work on the appeal, but we must also

balance a full workload of other legal matters for other clients. In addition, when scheduling out the work that must be accomplished, family vacations involving pre-purchased airplane tickets for both Joseph Meaney and me make compliance

3

with the current deadline a significant hardship. vacations end with little time before the filing deadline. 7.

Among other things, our

We have exercised diligence and the opening brief will be filed within

the time we request here. I declare under penalty of perjury that the foregoing is true and correct.

Dated: June 12, 2009

s/Lance C. Venable Lance C. Venable

4

CERTIFICATE OF SERVICE

I hereby certify that on June 12, 2009, I electronically transmitted this document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following persons via electronic mail: Name Christian Genetski, Esq. Scott Jeremy Stein, Esq. Email Address [e-mail] [e-mail] [e-mail] [e-mail]

Shane McGee, Esq.

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: Name Physical or Email Address

s/ Joseph R. Meaney

5