Huon v. Breaking Media et al

Filing 169

MOTION by Defendants Abovethelaw.com, Breaking Media, Breaking Media, Inc., Breaking Media, LLC, David Lat, John Lerner, David Minkin, Elie Mystal for extension of time to respond to fourth amended complaint (Mandell, Steven)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
)
)
)
Plaintiff,
)
)
Vs.
)
)
BREAKING MEDIA, LLC a/k/a
)
BREAKING MEDIA; BREAKING MEDIA,
INC. a/k/a BREAKING MEDIA; DAVID LAT; )
)
ELIE MYSTAL; JOHN LERNER; DAVID
)
MINKIN; ("ABOVETHELA W
)
DEFENDANTS");
)
)
GAWKER MEDIA, LLC a/k/a GAWKER
)
MEDIA; BLOGWIRE HUNGARY
SZELLEMI ALKOTAST HASZNOSITO KFT )
)
GAWKER MEDIA GROUP, INC. a/k/a )
)
GAWKER MEDIA; GAWKER
)
ENTERTAINMENT, LLC;, GAWKER
)
TECHNOLOGY,LLC; GAWKER SALES,
)
LLC, NICK DENTON; IRIN CARMON;
)
GABY DARBYSHIRE ("JEZEBEL
)
DEFENDANTS").
)
Defendants.
)
MEANITH HUON,

Case No. 11-cv-03054

JURY TRIAL DEMANDED

Judge John J. Tharp, Jr.
Magistrate Judge Gilbert

DEFENDANTS’ MOTION FOR EXTENSION OF TIME
TO RESPOND TO FOURTH AMENDED COMPLAINT
Defendants Abovethelaw.com, David Lat, Elie Mystal, Breakingmedia.com, John Lerner,
David Minkin, Breaking Media, Gawker Media, Jezebel.com, Nick Denton, Iris Carmon, and
Gabby Darbyshire (the “Moving Defendants”), by their respective attorneys, respectfully and
jointly request that the Court extend, to January 7, 2013, the deadline within which they must
respond to the Fourth Amended Complaint of Plaintiff Meanith Huon (“Plaintiff”).
1.

On November 15, 2012, following his request for and receipt of a sixty-day

extension (Docket 158, 160), Plaintiff filed his Fourth Amended Complaint. (Docket 162). The

Fourth Amended Complaint is 68 pages, 273 paragraphs and contains ten counts against all
defendants, including four new counts that were not contained in the Second Amended
Complaint, his last operative complaint. Plaintiff has also added eight, newly named
defendants.1 To the knowledge of the Moving Defendants, Plaintiff has yet to serve any of these
newly named defendants.
2.

On November 16, 2012, the Court entered an order that, inter alia, set the matter

for status hearing on January 10, 2013 at 9:00 a.m. (Docket 165).
3.

According to the Federal Rules of Civil Procedure, “[u]nless the court orders

otherwise, any required response to an amended pleading must be made within the time
remaining to respond to the original pleading or within 14 days after service of the amended
pleading, whichever is later.” F.R. Civ. P. 15(a)(1)(b)(3). Accordingly, the deadline for the
Moving Defendants to respond to the Fourth Amended Complaint is today, November 29, 2012.
4.

Given the length of the Fourth Amended Complaint, the addition of four new

claims and new (yet-to-be served) parties, along with other professional obligations of counsel
for certain of the Moving Defendants (including an appellate brief due in the Seventh Circuit on
December 24, 2012) and the intervening holidays, the Moving Defendants request until January
7, 2013 to file their respective responses to the Fourth Amended Complaint.
5.

Notwithstanding his own request for a 60-day extension to file the Fourth

Amended Complaint,2 on November 28, 2012, Plaintiff indicated that he would not agree to the
extension requested by the Moving Defendants. No party will suffer prejudice as a result of the
proposed extension.

1

The newly named defendants are Breaking Media, LLC, Breaking Media, Inc., Gawker Media, LLC, Gawker
Sales, LLC, Blogwire Hungary Szellemi Alkotast Hasznosito KFT, Gawker Media Group, Inc., Gawker
Entertainment, LLC and Gawker Technology, LLC.
2
Plaintiff has requested and received other extensions in this case as well. See Docket 51, 80.

2

WHEREFORE, the Moving Defendants respectfully request that this Court enter an order
extending to January 7, 2013, the time within which the Moving Defendants must respond to the
Fourth Amended Complaint, and providing such further relief as the Court deems appropriate.

Dated: November 29, 2012

Respectfully submitted,

ABOVETHELAW.COM, DAVID LAT, ELIE
MYSTAL, BREAKINGMEDIA.COM, JOHN
LERNER, DAVID MINKIN, and BREAKING
MEDIA

GAWKER MEDIA, JEZEBEL.COM, NICK
DENTON, IRIS CARMON, and GABBY
DARBYSHIRE

By:

By: /s/ David L. Feige
One of their attorneys

/s/ Steven P. Mandell
One of their attorneys

j

j

Steven P. Mandell (ARDC #6183729)
Steven L. Baron (ARDC #6200868)
Mandell Menkes LLC
One North Franklin, Ste. 3600
Chicago, Illinois 60606
[phone]

David L. Feige (Admitted pro hac vic)
Giskan, Solotaroff Anderson & Stewart
11 Broadway, Ste 2150
New York, New York 10004
[phone]

Attorneys for Abovethelaw.com, David Lat,
Elie Mystal, Breakingmedia.com, John Lerner,
David Minkin, and Breaking Media

Daniel Lynch (ARDC # 6202499)
Lynch & Stern LLP
150 South Wacker Drive, Ste. 2600
Chicago, Illinois 60606
[phone]
Attorneys for Gawker Media, Jezebel.com,
Nick Denton, Iris Carmon, and Gabby
Darbyshire

3