Be In, Inc. v. Google Inc. et al

Filing 84

MOTION for Extension of Time to Amend COMPLAINT filed by Be In, Inc.. (Attachments: # 1 Declaration Charles S. Barquist, # 2 Proposed Order)(Barquist, Charles) (Filed on 10/21/2013)

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1 2 3 4 5 6 7 8 9 10 CHARLES S. BARQUIST (BAR NO. 133785) CBarquist@mofo.com WENDY J. RAY (BAR NO. 226269) WRay@mofo.com MORRISON & FOERSTER LLP 707 Wilshire Blvd., Suite 6000 Los Angeles, California 90017-3543 Telephone: 213.892.5200 Facsimile: 213.892.5454 KENNETH A. KUWAYTI (BAR NO. 145384) KKuwayti@mofo.com MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: 650.813.5600 Facsimile: 650.494.0792 Attorneys for Plaintiff BE IN INC. 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 16 BE IN INC., a New York Corporation, Plaintiff, 17 18 19 20 21 v. GOOGLE INC., a California corporation; YOUTUBE, LLC, A Delaware limited liability company; and GOOGLE UK LTD., a private limited company registered in England and Wales, Case No. 5:12-CV-03373-LHK-HRL PLAINTIFF’S ADMINISTRATIVE MOTION FOR EXTENSION OF TIME TO FILE THIRD AMENDED COMPLAINT The Honorable Lucy H. Koh Trial Date: 22 Jan. 12, 2015 Defendants. 23 24 TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE that, pursuant to Northern District of California Local 26 Rules 6-3 and 7-11, Be In Inc. hereby moves the Court for a 30-day extension of time for filing its 27 Third Amended Complaint. This motion is based upon and supported by the Memorandum of 28 Points and Authorities, the concurrently filed Declaration of Charles S. Barquist, all papers and 1 NOTICE OF MOTION AND MOTION FOR EXTENSION Case No. 5:12-CV-03373-LHK la-1226933 1 records on file herein, and such other and further oral and documentary evidence as this Court 2 deems necessary. 3 4 MEMORANDUM OF POINTS AND AUTHORITIES Pursuant to this Court’s October 9, 2013 order granting Defendants’ motion to dismiss 5 and granting leave to amend claims one and three, any amended complaint must be filed by 6 November 1, 2013. (D.I. 80.) Be In is in the process of retaining new counsel to replace 7 Morrison & Foerster. (Barquist Decl. ¶ 2.) Be In respectfully requests that the Court grant a 8 30-day extension for the filing of its amended complaint so that it can complete the process of 9 retaining new counsel and allow new counsel time to familiarize themselves with the record in 10 this case so that they can make the necessary decisions, in consultation with Be In, regarding the 11 filing of a Third Amended Complaint. (Id.) Without the extension of time, Be In will be 12 burdened and prejudiced because it will not be able to use its new counsel for the filing of its 13 Third Amended Complaint. 14 There have been no previous time modifications in the case. A 30-day extension should 15 not result in the delay of trial, which is set for January 12, 2015. On October 21, 2013, Be In 16 provided a draft copy of this motion to counsel for Defendants, and asked Defendants to stipulate 17 to the extension. (Barquist Decl. ¶ 3.) Defendants advised that they would file a “conditional 18 opposition” to the motion. (Id.) Defendants further advised Plaintiff that they would file their 19 papers by noon on Thursday, October 24, 2013. 20 For the above reasons, Be In requests that the Court enter an order granting this Motion 21 and extending Be In’s deadline for filing its Third Amended Complaint to December 2, 2013. 22 Dated: October 21, 2013 MORRISON & FOERSTER LLP 23 24 By: 25 /s/ Charles S. Barquist Charles S. Barquist Attorneys for Plaintiff BE IN INC. 26 27 28 2 NOTICE OF MOTION AND MOTION FOR EXTENSION Case No. 5:12-CV-03373-LHK la-1226933

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