Lott v. Levitt et al

Filing 9

MOTION by Defendants Steven D. Levitt, HarperCollins Publishers, Inc. for extension of time to Answer or otherwise Plead to complaint (Agreed) (Sanders, David)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOHN R. LOTT, JR., Plaintiff, v. STEVEN D. LEVITT and HARPERCOLLINS PUBLISHERS INC., Defendants. ) ) ) ) ) ) ) ) ) )

No. 06 C 2007 Honorable Ruben Castillo

DEFENDANTS' AGREED MOTION TO EXTEND TIME TO ANSWER OR OTHERWISE PLEAD TO COMPLAINT Defendants HarperCollins Publishers Inc. ("HarperCollins") and Steven D. Levitt ("Levitt") (collectively, "Defendants"), by their attorneys, respectfully move this Court for entry of an order extending the time for them to answer or otherwise plead to the Complaint to June 5, 2006. In support of this motion, Defendants state as follows: 1. HarperCollins was served with the Complaint on May 2, 2006, and Levitt was

served with the Complaint on May 5, 2006. Accordingly, their responsive pleadings are due on May 22, 2006 and May 25, 2006, respectively. 2. Defendants recently retained counsel to represent them in this action. Counsel

requires additional time to investigate the factual and legal issues raised by the Complaint prior to filing a responsive pleading. This is Defendants' first request for an extension of time to plead. 3. In addition, counsel for Defendants currently are conducting legal research to

determine the appropriateness of filing a motion to dismiss, and are aware of this Court's case management requirement that they serve plaintiff with a "concise letter summarizing the legal

and factual grounds for the motion, . . . ., and make a sincere effort to resolve issues relating to the motion" before filing the motion. The additional time requested in this motion to extend time is necessary to allow Defendants the time necessary to comply with this requirement. 4. Defendants represent that Gail C. Gove, one of their attorneys, spoke with

Stephen Marcus, one of the attorneys for plaintiff, on May 16, 2006, and that Mr. Marcus informed her that plaintiff agrees to the relief requested in this motion. WHEREFORE, defendants pray that this Court extend the time for them to answer or otherwise plead to the Complaint to and including June 5, 2006. STEVEN D. LEVITT and HARPERCOLLINS PUBLISHERS INC. By: David P. Sanders (#02452359) JENNER & BLOCK LLP One IBM Plaza Chicago, Illinois 606011 Telephone: [phone] Of Counsel: Slade R. Metcalf Gail C. Gove HOGAN & HARTSON L.L.P. 875 Third Avenue New York, New York 10022 Telephone: [phone] Fax: [phone]
1405580

s/ David P. Sanders One of their attorneys