Hernandez v. Internet Gaming Entertainment, Ltd et al

Filing 51

Hernandez v. Internet Gaming Entertainment, Ltd et al

Doc. 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION Case No. 07-21403-CIV-COHN/SELTZER ANTONIO HERNANDEZ, Individually and on behalf of all others similarl y situated, Plaintiff, v. IGE U.S. LLC, a Delaware corporation, Defendant. _____________________________/ DEFENDANT IGE U.S. LLC'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION Defendant IGE U.S. LLC ("IGE U.S.") respectfully requests a ten-day (10) enlargement of time to respond to the Motion for Class Certification and companion Memorandum of Law filed by Plaintiff Antonio Hernandez ("Hernandez"), up to and including June 13, 2008. In support of this unopposed motion, IGE U.S. states as follows: 1. On May 19, 2008, Hernandez filed his Motion for Class Certification along with

an accompanying 28-page Memorandum of Law in support thereof (together, "the Motion for Class Certification"). The Motion for Class Certification seeks to certify a nationwide class allegedl y comprising some two million individuals who purchased the online video game "World of Warcraft" since November 2004. The Motion for Class Certification argues, among other

things, that certification is proper pursuant to each prong of Federal Rule of Civil Procedure 23(b).

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2.

Pursuant to Local Rule 7.1(C)(1)(a), IGE U.S. calculates that its response to the

Motion to for Class Certification is due on or about June 3, 2008. 3. IGE U.S. and Hernandez recently agreed that the deposition of the putative class

representative, Mr. Hernandez, will take place on June 6, 2008. 4. In light of the complexity of the issues raised by the Motion for Class

Certification, undersigned counsel's travel plans, and the upcoming deposition of Hernandez (which deposition will likely impact some of the content of IGE U.S.'s response), IGE U.S. hereby requests a modest extension of time to respond to the Motion for Class Certification, up to and including June 13, 2008. 5. 6. Counsel for Hernandez does not oppose the relief requested herein. This motion is filed in good faith and not for the purposes of delay.

WHEREFORE, Defendant IGE U.S. LLC respectfully requests an enlargement of time to respond to Plaintiff's Motion for Class Certification and accompanying Memorandum of Law, up to and including June 13, 2008. CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.A.3 Pursuant to Local Rule 7.1.A.3, undersigned counsel for IGE U.S. certifies that it has contacted Plaintiff 's counsel, Don Haviland, to confer in a good faith effort to resolve the issues raised by this motion, and that Mr. Haviland stated that he does not oppose the relief requested herein.

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Dated: May 30, 2008 Respectfully submitted, AKERMAN SENTERFITT One S.E. 3rd Avenue, 25th Floor Miami, FL 33131-1714 Phone: [phone] Fax: [phone] Email: [e-mail] By: /s/ Samuel S. Heywood James M. Miller, Esq. Florida Bar Number: 201308 Samuel S. Heywood, Esq. Florida Bar Number: 0016604 Attorneys for Defendant IGE U.S. LLC

CERTIFICATE OF SERVICE I hereby certify that true and accurate copies of the foregoing was served by using the Southern District of Florida's CM/ECF system on May 30, 2008, on all counsel or parties of record on the attached service list. By: /s/ Samuel S. Heywood Samuel S. Heywood, Esq.

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SERVICE LIST Hernandez v. IGE U.S. LLC, Case No. 07-21403-CIV (COHN/SELTZER) C. Richard Newsome [e-mail] NEWSOME LAW FIRM 20 North Orange Avenue Suite 800 Orlando, Florida 32801 Tel. [phone] Fax [phone] Donald E. Haviland, Jr. [e-mail] THE HAVILAND LAW FIRM, LLC 740 South Third Street, 3rd Floor Philadelphia, Pennsylvania 19147 Tel. [phone] Fax [phone] Attorneys for Plaintiff Antonio Hernandez Attorneys for Defendant IGE U.S. LLC James M. Miller, Esq. [e-mail] Samuel S. Heywood [e-mail] AKERMAN SENTERFITT One S.E. 3rd Avenue, 25th Floor Miami, FL 33131-1714 Tel. [phone] Fax [phone]

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