MDG INTERNATIONAL, INC. v. AUSTRALIAN GOLD, INC.

Filing 13

MDG INTERNATIONAL, INC. v. AUSTRALIAN GOLD, INC.

Doc. 13

Case 1:07-cv-01096-SEB-TAB

Document 13

Filed 09/11/2007

Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MDG INTERNATIONAL, INC., Plaintiff, vs. AUSTRALIAN GOLD, INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 1:07-cv-1096-SEB-TAB

NOTICE OF INITIAL EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT Pursuant to Local Rule 6.1, Defendant Australian Gold, Inc. ("Australian Gold"), an Indiana corporation, by counsel, hereby notifies the Court of its initial extension of time within which to respond to Plaintiff's Complaint and Demand for Jury Trial (the "Complaint"). In support of its notice, Australian Gold states: 1. Plaintiff, MDG International, Inc. ("MDG"), a Florida corporation, filed its

Complaint on August 28, 2007. 2. The Summons and a copy of the Complaint were served on Australian

Gold's registered agent on August 28, 2007. Therefore Australian Gold is currently required to respond to the Complaint no earlier than September 17, 2007, which time has not expired. 3. Australian Gold requires additional time within which to prepare and serve

a response to the Complaint.

Dockets.Justia.com

Case 1:07-cv-01096-SEB-TAB

Document 13

Filed 09/11/2007

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4.

Counsel for Australian Gold has conferred with counsel for plaintiff MDG

to request an initial 30-day extension of time to respond to the Complaint, and counsel for MDG has no objection to Australian Gold's request. 5. With the 30-day extension, Australian Gold's new deadline to file a

response to the Complaint is Wednesday, October 17, 2007. 6. Australian Gold is not seeking this enlargement of time for the purpose of

delay or any other dilatory purpose. THEREFORE, pursuant to Local Rule 6.1, Australian Gold's response to Plaintiff's Complaint and Demand for Jury Trial is now due on or before October 17, 2007. Respectfully submitted, /s/ Thomas F. O'Gara Thomas F. O'Gara, Attorney No. 19678-49 Richard A. Kempf, Attorney No. 11597-49 Peter J. Prettyman, Attorney No. 25057-49 SOMMER BARNARD PC One Indiana Square, Suite 3500 Indianapolis, IN 46204 Telephone: [phone] Facsimile: 317.713.3699 [e-mail] [e-mail] [e-mail]

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Case 1:07-cv-01096-SEB-TAB

Document 13

Filed 09/11/2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 11th day of September, 2007, a copy of the foregoing was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. Edward O. DeLaney DELANEY & DELANEY LLC [e-mail] Elizabeth A. Schuerman DELANEY & DELANEY LLC [e-mail]

/s/
658106

Thomas F. O'Gara

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