Hernandez v. Internet Gaming Entertainment, Ltd et al

Filing 23

Unopposed MOTION for Extension of Time to File Response as to 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue by Antonio Hernandez. (Newsome, C.)

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Hernandez v. Internet Gaming Entertainment, Ltd et al Doc. 23 Case 1:07-cv-21403-JIC Document 23 Entered on FLSD Docket 11/07/2007 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 07-21403-Civ-COHN/SNOW 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. / PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO STAY THIS ACTION PENDING ARBITRATION, OR ALTERNATIVELY, MOTION TO DISMISS ANY NON-ARBITRABLE CLAIMS FOR IMPROPER VENUE Plaintiff, ANTONIO HERNANDEZ, by and through undersigned counsel and pursuant to Fed. R. Civ. P. 6(b) and Local Rule 7.1, hereby files this unopposed Motion for a ten (10) day extension of time to respond to Defendant, IGE U.S., LLC n/k/a AFFINITY MEDIA HOLDINGS, LLC's, ("IGE US"), Motion to Stay this Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue. In support, Plaintiff states as follows: 1. Defendant, IGE US, filed its Motion to Stay this Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue on October 25, 2007. Accordingly, Plaintiff's response is currently due by November 8, 2007. Dockets.Justia.com Case 1:07-cv-21403-JIC Document 23 Entered on FLSD Docket 11/07/2007 Page 2 of 4 2. Since the filing of Defendant's Motion, Lead Counsel for Plaintiff has been out of state for several days attending previously scheduled matters. As a result, an additional ten (10) days is requested to prepare an appropriate response to Defendant's twenty-one (21) page Motion. 3. 4. This Motion is not interposed in bad faith or for any undue purpose of delay. Pursuant to Local Rule 7.1, counsel for Plaintiff has conferred with counsel for IGE US, who stated that he consents to the relief sought herein. 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 counsel for Plaintiff's travel schedule and the important issues raised in Defendant's Motion, Plaintiff requests an additional ten (10) days in which to prepare an appropriate response to Defendant's Motion. This brief extension of time is not sought for any improper purpose and has been consented to by counsel for IGE US. WHEREFORE, Plaintiff, ANTONIO HERNANDEZ, respectfully requests that the Court enter an Order grating a ten (10) day extension of time to file a response to Defendant's, IGE U.S., LLC n/k/a AFFINITY MEDIA HOLDINGS, LLC, Motion to Stay this Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue, together with such other and further relief as the Court deems just and proper. 2 Case 1:07-cv-21403-JIC Document 23 Entered on FLSD Docket 11/07/2007 Page 3 of 4 Respectfully submitted this 7th day of November, 2007. s/ C. Richard Newsome C. RICHARD NEWSOME, ESQUIRE Florida Bar No.: 827258 Email: newsome@newsomelaw.com Newsome Law Firm 20 N. Orange Ave., Suite 800 Orlando, Florida 32801 Telephone: (407) 648-5977 Facsimile: (407) 648-5282 DONALD E. HAVILAND, JR., ESQUIRE Pennsylvania Bar No.: 66615 Email: haviland@havilandlaw.com The Haviland Law Firm, LLC 740 S. Third Street, Third Floor Philadelphia, PA 19147 Telephone: (215) 609-4661 Facsimile: (215) 392-4400 Attorneys for Plaintiff, Antonio Hernandez and the Class 3 Case 1:07-cv-21403-JIC Document 23 Entered on FLSD Docket 11/07/2007 Page 4 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed on this 7th day of November, 2007, with the Clerk of Court using the CM/ECF system which will send notice of electronic filing to: Scott D. Richburg C. Ryan Maloney Foley & Lardner LLP One Independent Drive, Suite 1300 Jacksonville, FL 32201-0240 Richard S. Davis Foley & Lardner LLP 111 North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 s/ C. Richard Newsome Florida Bar No.: 827258 Newsome Law Firm 4

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