Klein & Heuchan, Inc. v. CoStar Realty Information, Inc. et al

Filing 126

Joint MOTION to extend time to Submit Proposed Findings of Fact and Conclusions of Law by CoStar Group, Inc., CoStar Realty Information, Inc.. (Tibbals, Lara)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KLEIN & HEUCHAN, INC., a Florida Corporation, Plaintiff, vs. COSTAR REALTY INFORMATION, INC., and COSTAR GROUP, INC., Defendants. ________________________________/ JOINT MOTION FOR EXTENSION OF DEADLINE TO SUBMIT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW The Parties to this action hereby move the Court to enter an Order enlarging the time within which all parties must file their Proposed Findings of Fact and Conclusions of Law until March 26, 2010, as set forth below: 1. Following the trial of this case, the Court requested that the parties submit Case No.: 8-08-cv-01227-JSM-EAJ

their respective Proposed Findings of Fact and Conclusions of Law on March 19, 2010 (Dkt. 121). 2. Counsel for Plaintiff and Counsel for Defendants are preparing their

respective submissions, however, the trial transcript has not yet been received from the Court Reporter. Counsel for both parties need to consult the transcript in order to provide citations to the record, as appropriate, and to ensure the accuracy of their Proposed Findings of Fact and Conclusions of Law. 3. The parties anticipate receiving the trial transcript on March 22, 2010, and

request until March 26, 2010 to file their submissions with the Court.

4. 5.

Both parties join in this motion. Further, the Court previously aligned the deadline for Defendants to file

their opposition to Plaintiff's Motion for Judgment as a Matter of Law (Doc. 120) with the deadline for the parties' Proposed Findings of Fact and Conclusions of Law. (Doc. 125.) Defendants seek to maintain the requirement that their opposition be filed

concurrently with their Proposed Findings of Fact and Conclusions of Law--on March 26, 2010. 6. Pursuant to Rule 6, Fed. R. Civ. P., this Court has the authority to grant

the relief requested herein. WHEREFORE, the parties to this action respectfully request that this Court enter an Order enlarging the time within which the parties must file their proposed Findings of Fact and Conclusions of Law until March 26, 2010, together with such additional relief as the Court deems just and proper.

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LOCAL RULE 3.01(g) CERTIFICATION Counsel for Defendants has conferred with counsel for Plaintiff, and counsel for Plaintiff joins in seeking the relief requested herein. Respectfully submitted, s/Lara J. Tibbals William C. Guerrant, Jr., FBN 516058 [e-mail] Lara J. Tibbals, FBN 129054 [e-mail] William F. Sansone, FBN 781231 [e-mail] HILL, WARD & HENDERSON, P.A. Suite 3700 ­ Bank of America Building 101 East Kennedy Boulevard Post Office Box 2231 Tampa, Florida 33601 Telephone: [phone] Facsimile: [phone] - and Matthew J. Oppenheim Trial Counsel The Oppenheim Group, LLP 7304 River Falls Drive Potomac, MD 20854 301-299-4986 866-766-1678 (fax) [e-mail] Attorneys for Defendants

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19th day of March, 2010, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Brian J. Aungst, Jr. ­ [e-mail] MacFarlane Ferguson & McMullen Jeffrey W. Gibson ­ [e-mail] MacFarlane Ferguson & McMullen J. Paul Raymond ­ [e-mail] MacFarlane Ferguson & McMullen Joshua Magidson ­ [e-mail] MacFarlane Ferguson & McMullen Randall J. Love ­ [e-mail] Randall J. Love & Associates, PA s/Lara J. Tibbals Attorney

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