Silvers v. Google, Inc.

Filing 60

MOTION by Steven A. Silvers (Attorney ) to extend time file a reply to Stelor's Opposition to motion to dismiss amended cross claim (dj, Deputy Clerk)

Case 9:05-cv-80387-KLR

Document 60

Entered on FLSD Docket 01/06/2006

Page 1 of 4 Jan 5 2006

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Palm Beach Division STEVEN A. S ILVERS, an individual, Plaintiff, v. GOOGLE INC., a Delaware corporation, Defendant. _______________________________________ GOOGLE INC., a Delaware corporation, Counterclaimant, v. STEVEN A. SILVERS, an individual; STELOR PRODUCTIONS, INC., a Delaware corporation; STELOR PRODUCTIONS, LLC; a business entity of unknown form; and STEVEN ESRIG, an individual, Counterdefendants. ________________________________________

CASE NO. 05-80387-CIV (Ryskamp/Vitunac)

SILVERS' MOTION FOR EXTENSION
Plaintiff/Cross-Defendant, Steven A. Silvers ("Silvers"), requests a short extension to file a reply to Stelor's Opposition To Motion To Dismiss Amended Cross-Claim and states: 1. On December 23, 2005, Stelor filed its Opposition to Silvers' Motion To Dismiss

Amended Cross-Claim. Stelor represents on the Certificate of Service that it served Silvers with that pleading electronically and by mail. Stelor, however, did not serve Silvers in any manner. 1 2. Yesterday, Silvers discovered that Stelor filed its Opposition while reviewing the

Court docket through Pacer. Had Silvers been served with this pleading his reply would have been due on January 3, 2006. Silvers, however, did not see this pleading until yesterday (in fact we have still not received this through the mail or electronically). Therefore, we need additional
This is far from the first time Stelor has not served Silvers with pleadings. We addressed this with Stelor's counsel months ago and he agreed to serve all pleadings electronically. We will address this repeated failure to properly 1
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2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 | Phone [phone] | Fax [phone] | kttlaw.com

DJ/60

Case 9:05-cv-80387-KLR

Document 60

Entered on FLSD Docket 01/06/2006

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time to prepare a reply. 3. Undersigned counsel has contacted counsel for Stelor and believes there will be

no objection to this extension. 4. The requested extension is reasonable and is not interposed for purposes of delay.

WHEREFORE, Silvers requests an extension up to and including January 12, 2006 in which to file his reply to Stelor's Opposition to Silvers' Motion To Dismiss The Amended Cross-Claim. Respectfully submitted this 5th day of January 2006. s/ Gail A. McQuilkin Kenneth R. Hartmann (Fla. Bar #664286) Gail A. McQuilkin (Fla. Bar #969338) KOZYAK TROPIN & THROCKMORTON, P.A. 2525 Ponce de Leon, 9th Floor Miami, Florida 33134 T: 305-372-1800 / F: 305-372-3508 Adam T. Rabin (Fla. Bar #985635) DIMOND KAPLAN & ROTHSTEIN, P.A. 525 S. Flagler Drive, Trump Plaza - Suite 200 West Palm Beach, Florida 33401 T: 561-671-2110 / F: 561-671-1951

serve us in another motion. 2
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2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 | Phone [phone] | Fax [phone] | kttlaw.com

Case 9:05-cv-80387-KLR

Document 60

Entered on FLSD Docket 01/06/2006

Page 3 of 4

=================================================================== CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-mail and U.S. mail on this 5th day of January, 2006 upon: Jan Douglas Atlas Adorno & Yoss, LLP 350 East Las Olas Blvd., Suite 1700 Fort Lauderdale, FL 33301-4217 E-mail: [e-mail] Kevin C. Kaplan, Daniel F. Blonsky and David Zack Burlington Weil Schwiep Kaplan & Blonsky, PA 2699 S. Bayshore Drive, Penthouse A Miami, FL 33133 E-mail: [e-mail] s/ Gail A. McQuilkin
/3339/102/261387.1

Andrew P. Bridges Winston & Strawn, LLP 101 California Street, Suite 3900 San Francisco, CA 94111 E-mail: [e-mail]

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2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 | Phone [phone] | Fax [phone] | kttlaw.com

Case 9:05-cv-80387-KLR

Document 60

Entered on FLSD Docket 01/06/2006

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Palm Beach Division STEVEN A. SILVERS, an individual, Plaintiff, v. GOOGLE INC., a Delaware corporation, Defendant. _______________________________________ GOOGLE INC., a Delaware corporation, Counterclaimant, v. STEVEN A. SILVERS, an individual; STELOR PRODUCTIONS, INC., a Delaware corporation; STELOR PRODUCTIONS, LLC; a business entity of unknown form; and STEVEN ESRIG, an individual, Counterdefendants. ________________________________________

CASE NO. 05-80387-CIV (Ryskamp/Vitunac)

ORDER

ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION
THIS CAUSE came before the Court on Plaintiff, Steven A. Silvers', Motion For Extension filed on January 5, 2006. The Court has carefully considered the motion and is otherwise duly advised in the premises. It is hereby ORDERED and ADJUDGED that Plaintiff/Counter-Defendant's Motion for Extension is GRANTED. Plaintiff shall have up to and including January 12, 2006 within which to file its reply to the Response To Motion To Dismiss Amended Cross-Claim. DONE and ORDERED in chambers at West Palm Beach, Florida, this _____ day of January, 2006. __________________________________________ UNITED STATES DISTRICT COURT JUDGE c: All counsel

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