Huon v. Breaking Media et al

Filing 100

MOTION by Defendants Abovethelaw.com, Breaking Media, Breakingmedia.com, David Lat, John Lerner, David Minkin, Elie Mystal for extension of time to file Reply Brief (Attachments: # 1 Exhibit A)(Mandell, Steven)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS – EASTERN DIVISION
MEANITH HUON,
Plaintiff,
v.
ABOVETHELAW.COM, DAVID LAT, ELIE
MYSTAL, BREAKINGMEDIA.COM, JOHN
LERNER, DAVID MINKIN, BREAKING MEDIA,
JOHN DOES 1 to 100, GAWKER MEDIA a/k/a
GAWKER.COM, JEZEBEL.COM, NICK DENTON,
IRIN CARMON, GABY DARBYSHIRE, JOHN
DOES 101 to 200, LAWYERGOSSIP.COM, JOHN
DOE NO. 201, NEWNATION.ORG a/k/a
NEWNATION.TV a/k/a NEW NATION NEWS, and
JOHN DOE NOS. 401, 402, and 403,
Defendants.

)
)
)
)
) Case No. 11-cv-03054
)
) Judge Aspen
)
) Magistrate Judge Gilbert
)
)
)
)
)
)
)
)
)

ATL DEFENDANTS’ MOTION FOR EXTENSION
OF TIME TO FILE REPLY BRIEF
Defendants Breaking Media, LLC (erroneously sued as AboveTheLaw.com,
BreakingMedia.com, and Breaking Media), David Lat, Elie Mystal, John Lerner, and David
Minkin (the “ATL Defendants”), by their attorneys, respectfully request that the Court extend, to
December 21, 2011, the deadline within which they must file their reply brief in support of their
motion to dismiss.
1.

Pursuant to the Court’s October 12, 2011, order (Docket No. 74), Plaintiff was

required to file a response to the ATL Defendants’ motion to dismiss on or before November 30
2011, and Defendants’ reply brief is due December 16, 2011.
2.

On November 30, Plaintiff filed a 32-page response brief, along with a motion

seeking leave to file a brief of that length. On December 5, the Court denied Plaintiff’s motion

and ordered that Plaintiff should file a brief of no more than 23 pages on or before December 12,
2011. (Docket No. 87.)
3.

Plaintiff filed his 23-page response brief on December 12, 2011. (Docket No.

95.) The ATL Defendants have attempted to prepare and file their reply brief by the December
16 deadline but have been unable to do so in the four days available. Accordingly, the ATL
Defendants request a short extension to December 21, 2011, to file their reply brief.
4.

Plaintiff has indicated that he objects to this requested extension. (See

correspondence attached hereto as Exhibit A.)
WHEREFORE, the ATL Defendants respectfully request that the Court allow them to
file their reply brief in support of their motion to dismiss on or before December 21, 2011, and
provide such further relief as the Court deems appropriate.

Dated: December 16, 2011

Respectfully submitted,
BREAKING MEDIA, LLC (erroneously sued as
AboveTheLaw.com, BreakingMedia.com, and
Breaking Media), DAVID LAT, ELIE MYSTAL,
JOHN LERNER, and DAVID MINKIN
By: /s/ Steven P. Mandell
One of their attorneys

Steven P. Mandell (ARDC #6183729)
Steven L. Baron (ARDC #6200868)
Sharon R. Albrecht (ARDC #6288927)
MANDELL MENKES LLC
One North Franklin, Suite 3600
Chicago, IL 60606
[phone]

2

j