Stockwire Research Group, Inc. et al v. Lebed et al

Filing 21

Defendant's MOTION for Extension of Time to File Joint Scheduling Order by Pigasa, Inc., Constance Lebed, Jonathan Lebed, Lebed Biz, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Cruz, Amaury)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 07-22670 CIV-SEITZ/MCALILEY STOCKWIRE RESEARCH GROUP, INC. a Florida corporation, and ADRIAN JAMES, a Texas Resident, Plaintiffs, vs. JONATHAN LEBED, a Florida resident, LEBED BIZ, L.L.C., a New Jersey Limited Liability Company, PIGASA, INC., a New Jersey Corporation, and CONSTANCE LEBED, a New Jersey Resident, Defendants. ____________________________________/ DEFENDANTS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO DEVELOP A JOINT SCHEDULING REPORT Defendants Jonathan Lebed, Lebed Biz, L.L.C., Pigasa Inc., and Constance Lebed, respectfully move the Court to enlarge the time to develop a Joint Scheduling Report, as authorized by Federal Rule of Civil Procedure 6(b), and in support thereof avers as follows. A. Introduction 1. Plaintiffs sued Defendants for (1) copyright infringement, (2) destruction of

copyright management information, (3) circumvention of copyright protection systems, (4) federal unfair competition, (5) tortious interference with business relationship, (6) Florida unfair competition, (7) Florida deceptive and unfair trade

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practices, (8) unauthorized publication of James' name and likeness, (9) misappropriation, and (10) false light in the public eye. 2. The parties are jointly responsible for filing a Joint Scheduling Report by

January 14, 2008. 3. Defendants are filing this motion to enlarge time as soon as they became

aware of the need for additional time and within the deadline. 4. Defendants have requested from the Plaintiffs a ten (10) day extension

and the Plaintiffs have agreed. B. Argument A court may grant a request for an extension of time for "cause shown." Fed. R. Civ. P 6(b). The court should grant Defendants' request for an extension of time to develop a Joint Scheduling Report for the following reasons:

A. Defendants have been unable to obtain and anticipates some additional short delays in obtaining information required under the initial disclosure requirements of Fed. R. Civ. P.26 (a)(1)-(2) which must be made at or before the parties confer to develop their case management and discovery plan. B. Defendants' request for an extension of time is in good faith and for cause shown, as stated in this motion, not to delay these proceedings. See Fed. R. Civ. P. 6(b). C. Plaintiffs have agreed to provide Defendants with the 10-day extension, and there has been no other activity in the case as of the filing of this motion.

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D. The potential impact on the judicial proceedings is not significant. WHEREFORE, Defendants move this Court to extend the time to develop a Joint Scheduling Report until January 24, 2008.

Respectfully submitted, Christopher J. Van Dam, P.A. 12121 NE 16th Ave North Miami, FL 33161 Attorneys for the Defendants Voice: 305.446.5200 Fax: [phone] [e-mail] By: s/ Amaury Cruz________ AMAURY CRUZ, ESQ. Fla. Bar No. 898244

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 19, 2007, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro-se parties identified in the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. s/ Amaury Cruz, Esq.

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SERVICE LIST CASE NO: 07-22670 CIV-SEITZ/MCALILEY Peter A. Koziol, Esq. [e-mail] Assouline & Berlowe, P.A. 213 East Sheridan Street, Suite 3, Dania Beach, FL 33004 Telephone: [phone] Facsimile: 954.922.6662 Attorneys for Plaintiffs STOCKWIRE RESEARCH GROUP, INC. and ADRIAN JAMES

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