NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al

Filing 61

First MOTION for Extension of Time to 08-18-08 to file response to 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC (INDIANA). (Attachments: # 1 Text of Proposed Order on Plaintiffs Request for Extension of Time to Respond to Motion to Reconsider)(Minch, Theodore)

NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al

Doc. 61

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NERDS ON CALL, INC. (INDIANA), Plaintiff, v. NERDS ON CALL, INC. (CALIFORNIA), and RYAN ELDRIDGE, Individually, Defendants. ) ) ) ) ) ) ) ) ) )

CASE NO. 1:07-cv-0535-DFH-TAB

PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO RECONSIDER Comes now Plaintiff, NERDS ON CALL, INC. (INDIANA), by counsel, Theodore J. Minch, and respectfully requests a seven (7) day extension of time to respond to Defendants' Motion to Reconsider, and in support, alleges and says as follows: 1. 2. Defendants filed their Motion to Reconsider on June 24, 2008. On July 25, 2008, the Court advised the Parties that it had taken serious

consideration of Defendants' Motion to Reconsider and that Nerds Indiana would have until and including August 11, 2008 in which to file its reply to Defendants' Motion to Reconsider. 3. As a result of counsel for Nerds Indiana's pleading and trial schedules in other,

unrelated matters, counsel for Nerds Indiana has not had adequate opportunity to complete Nerds Indiana's response to Defendants' Motion to Reconsider and, as such, requires an additional seven (7) days, including but not limited to August 18, 2008, in which to file its response to Defendants' Motion to Reconsider. 4. Plaintiff, by counsel, contacted Defendants, by counsel, on this date, August 11,

2008, with regard to this request for extension of time; based upon the foregoing circumstances,

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Defendants, by counsel, expressed they had no objection to an extension of time to reply though Defendants do not stipulate to this request for extension of time, either. 5. This request is not for the purpose of undue delay, is just, necessary, and proper in

light of the foregoing circumstances, none of which are the fault of Nerds Indiana, and should this request be denied, Nerds Indiana will be irreparably and unjustly prejudiced. WHEREFORE, Plaintiff, NERDS ON CALL, INC. (INDIANA), by counsel Theodore J. Minch, hereby respectfully requests the Court grant Nerds Indiana a seven (7) day extension of time until and including August 18, 2008 to complete and file Nerds Indiana's response to Defendants' Motion to Reconsider, and for all other appropriate and just relief in the premises. Dated: August 11, 2008 Respectfully submitted, /s/ Theodore J. Minch______________ Theodore J. Minch, #18798-49 Attorney for Plaintiff Nerds on Call, Inc. SOVICH MINCH, LLP 10099 Chesapeake Drive, Suite 100 McCordsville, Indiana 46055 [phone] (t) [phone] (f) e-mail ­ [e-mail] PROOF OF SERVICE The undersigned hereby certifies that a true and accurate copy of Plaintiff's Request for Extension of Time to Respond to Defendants' Motion to Reconsider was served upon the following counsel for record this 11th day of August, 2008 via this Court's electronic service system only: Daniel N. Ballard, Esq. SEQUOIA COUNSEL PC 770 L St., Suite 950 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] e-mail: [e-mail]

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Jonathan G. Polak, #21954-49 Taft Stettinius & Hollister LLP One Indiana Square, Suite 3500 Indianapolis, Indiana 46204 e-mail: [e-mail] /s/ Theodore J. Minch______________ Theodore J. Minch, #18798-49 SOVICH MINCH, LLP Attorney for Plaintiff Nerds on Call, Inc. E-Mail: [e-mail] Attorney for Plaintiff Nerds on Call, Inc. E-Mail: [e-mail]

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NERDS ON CALL, INC., Plaintiff, v. INTERNET BILLING SERVICES, INC., and RYAN ELDRIDGE, Individually, Defendants. ) ) ) ) ) ) ) ) ) )

CASE NO. 1:07-cv-0535-DFH-TAB

ORDER ON PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO RECONSIDER This Matter having come before the Court on Plaintiff NERDS ON CALL, INC.'s (INDIANA) Request for Extension of Time to Respond to Defendants' Motion to Dismiss, and the Court being duly advised in the premises now hereby GRANTS Nerds Indiana's request and, as such, Nerds Indiana's response to Defendant's Motion to Reconsider shall be filed on or before August 18, 2008.

DATED: ___________

______________________________ Magistrate Judge, U.S. District Court Southern District of Indiana

COPIES TO: Theodore J. Minch, Esq. SOVICH MINCH, LLP 10099 Chesapeake Drive Suite 100 McCordsville, Indiana 46055 [e-mail] Jonathan G. Polak, Esq. Taft Stettinius & Hollister LLP One Indiana Square Suite 3500 Indianapolis, Indiana 46204 [e-mail]

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