CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA v. SERVIN et al

Filing 11

REPLY to opposition to motion re 9 MOTION for Extension of Time to File Answer or Otherwise Respond filed by MORGAN GOODWIN, JOHN and JANE DOES NOS. 1-20, SARAH MURPHY, JACQUES SERVIN, DAVID SIEVERS, SUPPORT AND COMMITMENT, INC., IGOR VAMOS. (Attachments: # 1 Exhibit Exhibit 1)(Zycherman, Lisa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CHAMBER OF COMMERCE OF THE
UNITED STATES OF AMERICA,
Plaintiff,
v.
JACQUES SERVIN, et al.
Defendants.

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Case No. 09-CV-02014-RWR

DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO
PLAINTIFF S RESPONSE TO DEFENDANTS MOTION FOR EXTENSION OF TIME
Pursuant to Fed. R. Civ. P. 6(b)(1), Defendants Jacques Servin, Igor Vamos, Support and
Commitment, Inc., David Seivers, Morgan Goodwin, Sarah Murphy, and John and Jane Does
Nos. 1-20 submit the following memorandum of points and authorities in reply to Plaintiff s
response in opposition to Defendants November 17, 2009 Motion for Extension of Time by they
must answer or otherwise respond to Plaintiff s First Amended Complaint in the above-captioned
action, in addition to the time prescribed by the Federal and Local Rules, to and including
January 5, 2010:
1.

In its response in opposition to Defendant s motion, Plaintiff alleges that Defendants

seek an extremely long extension of time to answer or otherwise respond to the Complaint, but
that Plaintiff would accept a reasonable extension until December 11, 2009. (Pl. s Resp. at 1.)
Plaintiff mischaracterizes and exaggerates the extension requested, and fails to address that 60day extensions of time are provided for under the Federal Rules of Civil Procedure where, as
here, Defendants offer to waive service. (See Fed. R. Civ. P. 4(d)(1).)
2.

An extension of time to December 11, as Plaintiff proposes, is not a reasonable

alternative. Plaintiff claims that it offered Defendants an extension of time until December 11,

[b]efore Defendants filed their Motion, however, this offer was made the same date that
Defendants motion was filed during the parties consultation pursuant to Local Civil Rule 7(m).
(See Ex. 1 (Nov. 17, 2009 letter from William E. Potts, Jr.).) It would not have been
reasonable for Defendants to agree to waive service on all Defendants without receiving the
benefit of a 60-day extension of time provided for by Fed. R. Civ. P. 4(d)(1).
3.

Plaintiff complains that it would be prejudiced by an extension of time to January 5,

2010, because Defendants are engaged in an ongoing course of conduct detrimental to the
Chamber, but the conduct Plaintiff refers to are events, such as the parody news conference, that
(it acknowledges) have already transpired. (Pl. s Resp. at ¶ 5.) Specifically, Plaintiff claims that
it would be prejudiced by an extension of time because [a]s a result of Defendants fraudulent
use of the Chamber s trademarks and identity, several national news organizations have already
been deceived into publishing reports that incorrectly attributed Defendants statements to the
Chamber, but Plaintiff acknowledges that such reports were later retracted when they learned
they had been deceived. (Id.) Allegations of past acts (which are the subject of Plaintiff s
action), cannot properly be the basis for denying Defendants the requested extension of time to
answer or otherwise respond to the First Amended Complaint. The alleged prejudicial effect of
such media reports has no relevance to the motion for extension of time now before the Court.
4.

Plaintiff further alleges that Defendants request for an extension of time to respond

to the First Amended Complaint should be denied because Defendants should not be permitted to
us[e] the Chamber s trademarks on the Web or otherwise pending a ruling on [Defendants as
yet unfiled] motion to dismiss. (Pl. Resp. at ¶ 5; see also Ex. 1 (Nov. 17, 2009 letter from
William E. Potts, Jr.).) Again, a motion for extension of time pursuant to Fed. R. Civ. P. 6(b)(1)
is not the appropriate procedural method to obtain the equitable relief sought in a complaint.

Indeed, Plaintiff may not hijack what is otherwise a preliminary procedural matter to restrict
Defendants substantive rights, under the First Amendment, to engage in political commentary
and parody.
5.

As Defendants outlined in their motion, undersigned counsel noted their appearance

on behalf of all Defendants in this action on November 10, 2009, a week before filing the instant
motion. Defendants seek an extension of time to answer or otherwise respond to Plaintiff s First
Amended Complaint to obtain further time to review Plaintiff s factual allegations and prepare
Defendants various responses.
WHEREFORE, Defendants respectfully request the entry of an order extending the time
by which they must answer or otherwise respond to Plaintiff s First Amended Complaint to and
including January 5, 2010.
Dated this 1st day of December, 2009.
Respectfully submitted,
/s/ Robert Corn-Revere
Robert Corn-Revere (D.C. Bar No. 375415)
[e-mail]
Lisa B. Zycherman (D.C. Bar No. 495277)
[e-mail]
DAVIS WRIGHT TREMAINE, LLP
1919 Pennsylvania Avenue, N.W., Suite 200
Washington, D.C. 20006
[phone]
[phone] fax
Bruce E. H. Johnson (pro hac vice pending)
[e-mail]
Ambika Doran (pro hac vice pending)
[e-mail]
DAVIS WRIGHT TREMAINE, LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
[phone]
[phone] fax

Thomas R. Burke (pro hac vice pending)
[e-mail]
DAVIS WRIGHT TREMAINE, LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
[phone]
[phone] fax

CERTIFICATE OF SERVICE
Pursuant to LCvR 5.3, I hereby certify that, on December 1, 2009, I electronically filed
with the Clerk of the Court the foregoing Memorandum of Points and Authorities in Reply to
Plaintiff s Response to Defendants Motion for Extension of Time using the CM/ECF system,
and service was effected electronically pursuant to LCvR 5.4(d) on the following party:

Michael John Mueller
Hunton & Williams LLP
1900 K Street, NW, Suite 1200
Washington , DC 20006
Email: [e-mail]

/s/ Robert Corn-Revere
Robert Corn-Revere (D.C. Bar No. 375415)