Textscape, LLC v. Google, Inc.

Filing 6

MOTION for Enlargement of Time Pursuant to Civil Local Rules 6-3 and 16-2(d); and Declarationof Michael E. Dergosits in Support filed by Textscape, LLC. (Dergosits, Michael) (Filed on 12/15/2009) Modified on 12/15/2009 (bw, COURT STAFF).

1 MICHAEL E. DERGOSITS (State Bar No. 118206) TEDDY K. JOE (State Bar No. 242589) 2 DERGOSITS & NOAH, L.L.P. Three Embarcadero Center, Suite 410 3 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 5 Email: [e-mail] 6 Edward W. Goldstein (To Be Admitted Pro Hac Vice) Corby R. Vowell (To Be Admitted Pro Hac Vice) 7 GOLDSTEIN, FAUCETT & PREBEG, LLP 1177 West Loop South, Suite 400 8 Houston, TX 77027 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 10 Email: [e-mail] 11 Attorneys for TEXTSCAPE LLC 12 13 14 TEXTSCAPE LLC, 15 a New Jersey Corporation 16 17 v. Plaintiff ) ) ) ) ) ) ) ) ) ) ) Case No.:C-09-04552 HRL MOTION FOR ENLARGEMENT OF TIME PURSUANT TO CIVIL LOCAL RULES 6-3 AND 16-2(D) BY PLANTIFF TEXTSCAPE LLC AND DECLARATION OF MICHAEL E. DERGOSITS IN SUPPORT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

GOOGLE INC., 18 a California Corporation 19 20 21 22 Defendant

MOTION FOR ENLARGEMENT OF TIME In accordance with the September 25, 2009 Order Setting Initial Case Management

23 Conference and ADR Deadlines, the last day to meet and confer, and to file either a Stipulation 24 to ADR Process or Notice of Need for ADR Phone Conference is December 22, 2009. The 25 deadline to file a Rule 26(f) Report, to complete initial disclosures, and to file a Case 26 Management Statement is January 5, 2010. The Initial Case Management Conference is 27 currently scheduled for January 12, 2010 at 1:30 p.m. 28
MOTION FOR ENLARGEMENT OF TIME Civil Action No. 5:09-cv-04552 HRL

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In accordance with Civil Local Rules 6-3 and 16-2(d), Textscape LLC ("Plaintiff")

2 hereby moves to extend these deadlines as follows: 3 Deadline to meet and confer re: initial disclosures, early 4 settlement, ADR process selection, and discovery plan 5 Deadline to file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference 6 Deadline to file Rule 26(f) Report, complete initial disclosures or 7 state objection in Rule 26(f) Report and file Case Management Statement 8 Initial Case Management Conference (CMC) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Michael E. Dergosits, declare under penalty of perjury that the following is true and correct: 1. I am a partner in the law firm of Dergosits & Noah LLP, appearing for Textscape LLC ("Plaintiff"). 2. On September 25, 2009, Plaintiff filed its Complaint in the above-captioned matter. 3. On September 25, 2009, this Court issued its Order Setting Initial Case Management Conference [Docket Index ("D.I.") No. 3]. In the September 25, 2009 Order, the Court set the deadline to meet and confer, and to file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference as December 22, 2009. The Court also set January 5, 2010 as the deadline to file a Rule 26(f) Report, to complete initial disclosures, and to file a Case Management Statement. The Court scheduled the Initial Case Management Conference for January 12, 2010. 4. Defendant Google Inc. ("Defendant") was served with the Summons and Complaint on December 15, 2009, so no counsel has yet appeared for Defendant in this action. 5. Since Defendant was only served with the Summons and Complaint on December 15, 2009, and Defendant's counsel has not yet made an appearance, both Plaintiff and Defendant will require additional time to discuss (i) the issues raised by Rule 26, (ii) whether ADR
MOTION FOR ENLARGEMENT OF TIME Civil Action No. 5:09-cv-04552 HRL

January 12, 2010 January 12, 2010 January 26, 2010

February 2, 2010 1:30 p.m. Courtroom 2, 5th Floor

DECLARATION OF MICHAEL E. DERGOSITS IN SUPPORT

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1 procedures are to be pursued, and (iii) preparation of the required Joint Case Management 2 Statement. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MOTION FOR ENLARGEMENT OF TIME Civil Action No. 5:09-cv-04552 HRL

6. This is the first modification of time requested in this case. 7. The Court's granting of this Motion would not affect any other deadlines in this case. CONCLUSION

Plaintiff respectfully requests that this Motion to Enlarge Time be granted and the currently-pending deadlines reset in accordance with this Motion.

Dated: December 15, 2009

DERGOSITS & NOAH LLP

By:

/s/ Michael E. Dergosits Attorneys for Plaintiff TEXTSCAPE LLC

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