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

Filing 48

Joint MOTION for Extension of Time to Complete Discovery by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sauers, William)

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

Doc. 48

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KLEIN & HEUCHAN, INC., Plaintiff, v. COSTAR REALTY INFORMATION, INC., and COSTAR GROUP, INC., Defendants-Counterclaim Plaintiffs, v. SCOTT BELL and KLEIN & HEUCHAN, INC., Counterclaim-Defendants. Civil Action No. 8:08-cv-01227-JSM-EAJ

JOINT MOTION TO EXTEND DISCOVERY Defendants/Counterclaim Plaintiffs CoStar Realty Information, Inc., and CoStar Group, Inc. (collectively, "CoStar") and Counterclaim-Defendant Scott Bell hereby move to extend the discovery period by a period of 60 days, to July 27, 2009, so as to allow the parties to complete discovery in this case.1 Mr. Bell was added to this case subsequent to the initial filing of this matter, and was not required to file an answer until April 13, 2009. Accordingly, discovery has just begun with respect to Mr. Bell, and he requires additional time to obtain discovery. In addition, the other parties need to obtain discovery from Mr. Bell. Further, both CoStar and

CoStar notes that it has filed a notice regarding related proceeding Case No. 8:09-cv-565VMC-TGW (CoStar Realty Information, Inc., et al. v. Klein & Heuchan, Inc., et al.) contemporaneously herewith. 1
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1

K&H are engaged in ongoing meet and confer discussions regarding pending discovery requests and responses to the same. CoStar must still take the deposition of K&H, and K&H has not yet taken the deposition of CoStar. The requested extension will not change the date for dispositive motions or trial, and given the procedural status of the proceeding, no party will be prejudiced by this short extension that will allow the parties to complete discovery. LOCAL RULE 3.01(g) CERTIFICATION Counsel for CoStar certifies that it has conferred with counsel for Mr. Bell regarding the issues raised by this motion, and that counsel for Mr. Bell agreed to the filing of this motion. Counsel for CoStar further certifies that it has conferred with counsel for K&H regarding the issues raised by this motion, but that counsel for CoStar and K&H could not come to an agreement.

Dated: May 28, 2009

Respectfully submitted, s/William J. Sauers William J. Sauers (admitted pro hac vice) Sanya Sarich (admitted pro hac vice) Crowell & Moring LLP 1001 Pennsylvania Ave. Washington, DC 20004 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]

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- and William C. Guerrant, Jr. Florida Bar No. 516058 [e-mail] Trial Counsel William F. Sansone Florida Bar No. 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] Counsel for Defendants-Counterclaim Plaintiffs CoStar Realty Information, Inc. and CoStar Group, Inc.

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 28, 2009, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which sent a notice of electronic filing to the following: J. Paul Raymond Jeff Gibson Brian J. Aungst MacFarlane Ferguson & McMullen P. O. Box 1669 Clearwater, FL 33757 [e-mail] [e-mail] [e-mail] Counsel for Plaintiff-Counterclaim Defendant K&H Nicholas Louis Ottaviano Florin Roebig, PA 777 Alderman Rd Palm Harbor , FL 34683 [phone] Fax: [phone] Email: [e-mail] Attorney for Defendant Scott Bell

I FURTHER CERTIFY that that on May 28, 2009, I sent a true and correct copy of the foregoing by electronic mail to: Randall J. Love Randall J. Love & Associates, P.A. 5647 Gulf Drive New Port Richey , FL 34652-4019 [phone] Fax: [phone] [e-mail] Attorney for Defendant Scott Bell

s/William J. Sauers William J. Sauers (admitted pro hac vice) Crowell & Moring LLP 1001 Pennsylvania Ave. Washington, DC 20004 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Defendants-Counterclaim Plaintiffs CoStar Realty Information, Inc. and CoStar Group, Inc.