United Brands Company, Inc. v. Anheuser-Bush, Inc.

Filing 11

Ex Parte MOTION for Extension of Time to File Answer by Anheuser-Bush, Inc. (Attachments: # 1 Proposed Order Granting Motion for Extension of Time to Answer or Otherwise Respond, # 2 Declaration of Peter Moll In Support of Motion for Extension of Time to Answer or Otherwise Respond)(Ghajar, Bobby) Contacted attorney re Proposed Order not to be efiled on 11/22/2010 (knh).

United Brands Company, Inc. v. Anheuser-Bush, Inc.

Doc. 11

1 Bobby A. Ghajar (Bar No. 198719) Email: [e-mail] 2 HOWREY LLP 550 South Hope Street, Suite 1100 3 Los Angeles, CA 90071 4 Telephone: [phone] Facsimile: [phone] 5 Peter E. Moll (pro hac vice to be filed) 6 Email: [e-mail] Alan Cooper (pro hac vice to be filed) 7 Email: [e-mail] 8 HOWREY LLP 1299 Pennsylvania Avenue, NW 9 Washington, DC 20004-2402 Telephone: [phone] Facsimile: [phone] 11 Attorneys for Defendant 12 ANHEUSER-BUSCH, INC. 13 14 15 16 17 18 19 20 21 22 23 COMES NOW, pursuant to Fed. R. Civ. P. Rule 6(b)(1)(A) and Local Rule 12.1, Defendant ANHEUSER-BUSCH, INC. Defendant. v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA UNITED BRANDS COMPANY, INC., Plaintiff, ) ) ) ) ) ) ) ) ) ) )

Case No. 10-CV-2281 BEN (WMc) NOTICE OF MOTION AND EX PARTE MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT

24 Anheuser-Busch, Inc. ("Anheuser-Busch") files this motion for a three week extension of its deadline 25 to answer or otherwise respond to United Brands Company, Inc.'s ("United Brands") complaint. 26 United Brands filed its complaint against Anheuser-Busch on November 4, 2010 alleging

27 claims for trademark infringement, trademark dilution, copyright infringement, and unfair competition 28 under state, federal, and common law. The current deadline for Anheuser-Busch to respond to the
HOWREY LLP

Motion to Extend Case No. 10-CV-2281 BEN (WMc)

Dockets.Justia.com

1 complaint is November 29, 2010, the day after Thanksgiving (Dkt. No. 9). 2 Anheuser-Busch, which is based in St. Louis, Missouri, recently hired defense counsel and is in

3 the process of evaluating the numerous claims in United Brands' complaint. Under the circumstances, 4 and because the current deadline falls just after the Thanksgiving holiday weekend, Anheuser-Busch 5 seeks a three-week extension of time to complete its evaluation and to prepare an appropriate response 6 to United Brands' complaint. 7 Prior to filing this motion, through respective counsel, Anheuser-Busch contacted United

8 Brands to seek a stipulation allowing Anheuser-Busch additional time to file its response to the 9 complaint. United Brands, however, conditioned its consent on the type of responsive pleading 10 Anheuser-Busch intended to file ­ indicating that if Anheuser-Busch intended to file a Rule 12(b) 11 motion (as per its right), United Brands would only provide an extension until December 7th (a mere 8 12 days from the current deadline), but if Anheuser-Busch agreed to only file an answer, Anheuser-Busch 13 could have until December 14, 2010. See attached Exhibit 1. United Brands' position is unsupported 14 and unreasonable. Accordingly, Anheuser-Busch indicated that it would file a motion seeking an 15 extension until December 17, 2010. Id. 16 This is the first request for extension of time. As indicated, Anheuser-Busch will be prepared

17 to file its answer or otherwise respond to the complaint by December 17, 2010. United Brands cannot 18 demonstrate any prejudice that it would suffer from the three-week extension. For the foregoing 19 reasons, Anheuser-Busch believes it has established good cause for the three-week extension and 20 respectfully requests that the Court grant this request. 21 22 Dated: November 19, 2010 23 24 25 26 27 28
HOWREY LLP

/s/ Bobby A. Ghajar_______________ Bobby A. Ghajar HOWREY LLP 550 South Hope Street, Suite 1100 Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] Peter E. Moll (pro hac vice to be filed) Email: [e-mail] Alan Cooper (pro hac vice to be filed)
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Motion to Extend Case No. 10-CV-2281 BEN (WMc)

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HOWREY LLP

Email: [e-mail] HOWREY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004-2402 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ANHEUSER-BUSCH, INC.

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Motion to Extend Case No. 10-CV-2281 BEN (WMc)

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CERTIFICATE OF SERVICE I hereby certify that on November 19, 2010, I electronically filed the following documents with

3 the Clerk of the Court for the United States District Court, Southern District of California by using the 4 CM/ECF system: 5 1. Anheuser-Busch, Inc.'s Notice of Motion and Ex Parte Motion for Extension of Time

6 to Answer or Otherwise Respond. 7 8 2. 3. [Proposed] Order Granting Motion for Extension Declaration of Peter Moll in Support of Motion for Extension of Time to Answer or

9 Otherwise Respond. 10 The participants listed below in the case whom are "active" registered CM/ECF users will be

11 served by the CM/ECF system: 12 Nancy Dix DLA Piper US LLP 13 401 B Street, Suite 1700 San Diego, CA 92101 14 15 I declare that I am employed by a member of the bar of this Court, at whose direction this

16 service was made. 17 18 Dated: November 19, 2010 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

/s/ Bobby A. Ghajar Bobby A. Ghajar

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Motion to Extend Case No. 10-CV-2281 BEN (WMc)