Hernandez v. Internet Gaming Entertainment, Ltd et al

Filing 13

Hernandez v. Internet Gaming Entertainment, Ltd et al

Doc. 13

Case 1:07-cv-21403-JIC

Document 13

Entered on FLSD Docket 09/25/2007

Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

ANTONIO HERNANDEZ, Individually and on behalf of all others similarly situated, Plaintiff, v. INTERNET GAMING ENTERTAINMENT, LTD., a foreign corporation, and IGE U.S., LLC., a Delaware corporation, Defendants, Case No. 07-CIV-21403COHN/SELTZER

DEFENDANT IGE U.S., LLC'S MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Pursuant to Fed. R. Civ. P. 6(b) and Local Rule 7.1, Defendant, IGE U.S., LLC n/k/a Affinity Media Holdings, LLC, ("Defendant") moves that the Court enter an Order extending the time for it to file a response to Plaintiff, Antonio Hernandez's ("Plaintiff") Amended Class Action Complaint for thirty (30) days, up to and including October 25, 2007, and in support thereof would show the Court as follows: 1. Plaintiff filed its initial Class Action Complaint on June 1, 2007. 2. On August 17, 2007, Plaintiff filed its Amended Class Action Complaint. 3. Defendant was first served with process and the Amended Class Action Complaint on September 5, 2007. Defendant therefore has until September 25, 2007 in which to serve a responsive pleading.

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Dockets.Justia.com

Case 1:07-cv-21403-JIC

Document 13

Entered on FLSD Docket 09/25/2007

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4. The Amended Class Action Complaint, which is 30 pages in length, asserts factually and legally complex claims, and nine (9) distinct causes of action, against Defendant, as well as against defendant Internet Gaming Entertainment, Ltd. ("Internet Gaming Entertainment"), a foreign corporation not yet served with process. 5. Due to complex nature of the claims asserted, and the inherent complexities involved in any class action litigation, Defendant needs additional time in which to prepare an appropriate response to the Amended Class Action Complaint. 6. Moreover, lead trial counsel for Defendant is in trial during the week of September 24, 2007, and is out of town for depositions and expert product testing in another matter during the week of October 1, 2007. 7. Plaintiff will not be prejudiced by the relief requested as it still is in the process of serving Internet Gaming Entertainment. In its August 31, 2007 order, the Court extended the Plaintiff's deadline for accomplishing such service to December 31, 2007. 8. This motion is not interposed in bad faith or for any undue purpose of delay. 9. Pursuant to Local Rule 7.1, counsel for Defendant has conferred with counsel for Plaintiff, who stated that he was not able to consent to the relief requested by this Motion. 10. For the Court's convenience, Defendant submits a proposed Order granting this Motion, a copy of which is attached as Exhibit "A." MEMORANDUM OF LAW Rule 6(b) of the Federal Rules of Civil Procedure permits the Court, at its discretion and for cause shown, to enlarge the period of time in which an act is required to be done. In the instant case, due to complex nature of the claims asserted, and the inherent complexities involved in any class action litigation, and lead trial counsel's trial schedule, Defendant requests an

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Case 1:07-cv-21403-JIC

Document 13

Entered on FLSD Docket 09/25/2007

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additional thirty (30) days in which to prepare an appropriate response to the Amended Class Action Complaint. This brief extension of time is not sought for any undue purpose of delay and will not prejudice any party. WHEREFORE, Defendant, IGE U.S., LLC n/k/a Affinity Media Holdings, LLC, respectfully requests that the Court enter an Order granting a thirty (30) day extension of time to serve a responsive pleading to the Complaint, up to and including October 25, 2007, together with such other and further relief as the Court deems just and proper.

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Case 1:07-cv-21403-JIC

Document 13

Entered on FLSD Docket 09/25/2007

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FOLEY & LARDNER LLP

_/s/ C. Ryan Maloney____________________ Scott D. Richburg Florida Bar No. 0064475 [e-mail] C. Ryan Maloney Florida Bar No. 0652903 [e-mail] Foley & Lardner LLP One Independent Drive, Suite 1300 Jacksonville, FL 32202-5017 P. O. Box 240 Jacksonville, FL 32201-0240 Telephone: [phone] Facsimile: 904.359.8700 and Richard S. Davis Florida Bar No. 0991082 [e-mail] Foley & Lardner LLP 111 North Orange Avenue Suite 1800 Orlando, FL 32801-2386 Phone: [phone] Fax: [phone] Attorneys for Defendant, IGE U.S., LLC

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Case 1:07-cv-21403-JIC

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Entered on FLSD Docket 09/25/2007

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed on this 25th day of September, 2007, with the Clerk of the Court using the CM/ELF system which will send notice of the electronic filing to: C. Richard Newsome Newsome Law Firm 20 N. Orange Avenue, Suite 800 Orlando, FL 32801 Donald E. Haviland, Jr. The Haviland law Firm, LLC 740 S. Third Street, Third Floor Philadelphia, PA 19147 /s/ C. Ryan Maloney Attorney

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