Apple Corps Limited et al v. Fuego Entertainment, Inc. et al

Filing 15

Apple Corps Limited et al v. Fuego Entertainment, Inc. et al

Doc. 15

Case 1:08-cv-20748-WMH

Document 15

Entered on FLSD Docket 05/02/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 1:08-cv-20748-WRH APPLE CORPS LIMITED and APPLE RECORDS, INC., Plaintiffs, v. FUEGO ENTERTAINMENT, INC., ECHO-FUEGO MUSIC GROUP LLC, ECHO-VISTA INC., HUGO M. CANCIO and JEFFREY COLLINS, Defendants. _______________________________________________/ FUEGO DEFENDANTS' MOTION TO ENLARGE TIME TO RESPOND TO COMPLAINT Defendants Fuego Entertainment, Inc., Echo-Fuego Music Group LLC and Hugo M. Cancio (collectively, the "Fuego Defendants"), by and through undersigned counsel, hereby move to enlarge the time in which to respond to Plaintiffs' Complaint to and including Thursday, May 8, 2008. In support of this Motion, the Fuego Defendants state as follows: 1. Plaintiffs filed their Complaint (DE 1) on March 21, 2008, along with a

Motion for Emergency Preliminary Injunction (DE 2) and a Motion to Set Emergency Hearing (DE 4). 2. Because of Plaintiffs' requests for an emergency preliminary injunction

and an emergency hearing on their injunction motion, the initial activity in this case focused on those requests, ultimately culminating in the entry of an Agreed Order (DE

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Case 1:08-cv-20748-WMH

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11) on April 4, 2008, maintaining the status quo pending resolution of the dispute at issue in this lawsuit. 3. In conjunction with the activity on Plaintiffs' preliminary injunction

motion, Plaintiffs' counsel agreed to grant the Fuego Defendants until Monday, May 5, 2008 to respond to Plaintiffs' Complaint. 4. Because of delays caused by the installation of new case management

software on the firm's computer network, and the removal and replacement of furniture in the office of the firm attorney preparing the response to Plaintiffs' Complaint, counsel for the Fuego Defendants require a few additional days to complete their response to the Complaint. Counsel therefore is requesting a short, 3-day extension in the due date of the Fuego Defendants' response to Plaintiffs' Complaint, to and including Thursday, May 8, 2008. 5. The undersigned counsel for the Fuego Defendants attempted to confer by

telephone with Plaintiffs' Florida counsel, Richard Wolfe, to obtain Plaintiffs' agreement to their extension request. Counsel was informed by his office that Mr. Wolfe would be in depositions all day and that the best way to reach him would be through email. Immediately thereafter, the undersigned sent an email to Mr. Wolfe requesting the stated extension. However, as of the time of the filing of this Motion, Mr. Wolfe had not responded to the request. 6. Neither Plaintiffs nor the other defendants will be prejudiced by this brief

delay in the filing of the Fuego Defendants' response to the complaint.

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WHEREFORE, the Fuego Defendants, by and through undersigned counsel, hereby move to enlarge the time in which to respond to Plaintiffs' Complaint to and including Thursday, May 8, 2008.

Dated: May 2, 2008 Miami, Florida

Respectfully submitted, s/ Catherine Van Horn__ Jonathan Perlman [e-mail] Catherine A. Van Horn [e-mail] Michael Trauben [e-mail] Genovese Joblove & Battista, P.A. Bank of America Tower 100 Southeast Second Street, 44th Floor Miami, Florida 33131 Telephone: [phone] Facsmile: [phone] Attorneys for Defendants Hugh M. Cancio, Fuego Entertainment, Inc. and Echo-Fuego Music Group LLC

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CERTIFICATE OF SERVICE I hereby certify that on May 2, 2008, 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 identified on 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/ Catherine Van Horn_________________ Attorney

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SERVICE LIST Apple Corps Limited and Apple Records, Inc. v. Fuego Entertainment et al. CASE NO.: 08-20748-CIV-HOEVELER/BROWN Jonathan E. Perlman, Esq. [e-mail] Catherine Van Horn, Esq. [e-mail] Mike Trauben, Esq. [e-mail] GENOVESE JOBLOVE & BATTISTA, P.A. Bank of America Tower, 44th Floor 100 Southeast Second Street Miami, Florida 33131 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Fuego Entertainment, Inc., Echo-Fuego Music Group LLC and Hugo M. Cancio Richard C. Wolfe, Esq. [e-mail] Wolfe & Goldstein 100 S.E. 2nd Street Suite 3300 Miami, Florida 33131 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Apple Corps Limited and Apple Records Howard Weller, Esq. [e-mail] Paul LiCalsi, Esq. [e-mail] Mitchell Silberberg & Knupp LLP 12 E. 49th Street 30th Floor New York, New York 10017 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Apple Corps Limited and Apple Records

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