Huon v. Breaking Media et al

Filing 179

MOTION by Defendants Breaking Media, Breaking Media, Inc., Breaking Media, LLC, David Lat, John Lerner, David Minkin, Elie Mystal for leave to file excess pages re memorandum in support of their motion to dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit A (to memo iso mtd), # 3 Exhibit B (to memo iso mtd), # 4 Exhibit C (to memo iso mtd))(Mandell, Steven)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS – EASTERN DIVISION
)
)
)
)
) Case No. 11-cv-03054
)
) District Judge John J. Tharp, Jr.
)
) Magistrate Judge Jeffrey T. Gilbert

MEANITH HUON,
Plaintiff,
v.
BREAKING MEDIA, LLC et al.,
Defendants.

ATL DEFENDANTS’ MOTION FOR LEAVE
TO FILE BRIEF IN EXCESS OF FIFTEEN PAGES
Defendants Breaking Media, Inc. (formerly known as Breaking Media, LLC), David Lat,
Elie Mystal, John Lerner, and David Minkin (the “ATL Defendants”), pursuant to Local Rule
7.1, respectfully request that the Court grant them leave to file their memorandum in support of
their motion to dismiss (“Memorandum”), which exceeds the 15-page limit established by the
Local Rule. In support of their motion, ATL Defendants state as follows:
1.

Plaintiff’s Fourth Amended Complaint spans sixty-eight pages, contains 273

numbered allegations, including at least fifty-five alleged actionable statements, nine counts, and
twenty-one exhibits.
2.

In connection with their Motion to Dismiss, the ATL Defendants endeavored to

use the minimum number of pages necessary to present their various arguments concerning
Plaintiff’s numerous factual and legal contentions. Their Memorandum in Support of the Motion
to Dismiss is eighteen pages long. In addition, to conserve judicial resources and address each
statement adequately, the ATL Defendants have attached a summary chart to the Memorandum.
The chart identifies which of the arguments in the Memorandum apply to each of the alleged

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fifty-five statements and, accordingly, avoids unnecessary repetition in the Memorandum itself.
The chart is eleven pages long.
3.

The Memorandum is attached hereto as Exhibit 1. The Memorandum includes a

table of contents and table of cases, as required by Local Rule 7.1.
WHEREFORE, the ATL Defendants respectfully request that this Court permit them to
file the Memorandum, and grant such further relief as is just.

Dated: January 7, 2013

Respectfully submitted,
BREAKING MEDIA, INC. f/k/a BREAKING
MEDIA, LLC, 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)
Elizabeth A.F. Morris (ARDC #6297239)
MANDELL MENKES LLC
One North Franklin, Suite 3600
Chicago, IL 60606
Telephone: [phone]
Facsimile: [phone]

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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that a true and correct copy of the
foregoing ATL DEFENDANTS’ MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF
FIFTEEN PAGES has been served on January 7, 2012 via the Court’s CM/ECF system on all
counsel of record who have consented to electronic service.
Any other counsel of record will be served by electronic mail and regular mail.

/s/ Steven P. Mandell

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