CoStar Realty Information, Inc. et al v. Mark Field, et al

Filing 95

Consent MOTION for Extension of Time to File Response/Reply as to 74 Status Report, 93 Response in Opposition to Motion, Reply to Response to Motion,,,,,, by Russ A. Gressett Responses due by 1/7/2010 (Attachments: # 1 Exhibit Proposed Order)(Ferguson, Pamela)

CoStar Realty Information, Inc. et al v. Mark Field, et al

Doc. 95

Case 8:08-cv-00663-AW Document 95

Filed 12/21/09 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CoSTAR REALTY INFORMATION, INC., 22 Bethesda Metro Center, 10th Floor Bethesda, Maryland 20814 and CoSTAR GROUP, INC. 2 Bethesda Metro Center, 10th Floor Bethesda, Maryland 20814 Plaintiffs, v. Mark Field d/b/a Alliance Valuation Group 2858 Via Bellota San Clemente, California 92673, LAWSON VALUATION GROUP, INC. 8895 N. Military Trail, Suite 304E Palm Beach Gardens, Florida 33410-6263, RUSS A. GRESSETT 5625 FM 1960 West, Suite 509 Houston, Texas 77069, GERALD A. TEEL COMPANY, INC. 974 Campbell Rd., Suite 204 Houston, Texas 77024-2813, and PATHFINDER MORTGAGE COMPANY 23172 Plaza Point Dr., Suite 285 Laguna Hills, California 92653, and JOHN DOES 1-4 Addresses Currently Unknown Defendants. CIVIL ACTION NO. 8:08-cv-663-AW

Defendant Russ A. Gressett's Motion For Enlargement Of Time 1

Dockets.Justia.com

Case 8:08-cv-00663-AW Document 95

Filed 12/21/09 Page 2 of 6

DEFENDANT RUSS A. GRESSETT'S EMERGENCY MOTION FOR EXTENSION OF TIME TO REPLY TO PLAINTIFFS' RESPONSE IN OPPOSITION TO CROSS-MOTION FOR SUMMARY JUDGMENT Defendant, Russ A. Gressett ("Gressett"), by and through his undersigned counsel, and pursuant to FED. R. CIV. P. 6(b) and applicable Local Rules, hereby files this instant Motion for Extension of Time to file his Reply to Plaintiff's Response in Opposition to Gressett's Motion for Summary Judgment ("Reply"), and in support thereof, states as follows: 1. On or about March 13, 2008, Plaintiff commenced this action against, amongst

others, Gressett. 2. Pursuant to the parties Joint Status Report [Doc. No. 74], Plaintiff filed its Motion

for Summary Judgment on November 2, 2009 [Doc. No. 85-1 and 85-2]. The Joint Status Report required Gressett to file his Response as well as any cross-motion for summary judgment by November 19, 2009. Due to unavoidable conflicts for undersigned counsel, Gressett requested and Plaintiff consented to an additional three business days to complete both the Response and CrossMotion for Summary Judgment. That request was granted by the Court and the deadline was extended three business days to November 23, 2009. Gressett then filed his Response and CrossMotion on November 23, 2009. 3. The Joint Status Report also required any Response to Gressett's Cross-Motion and

Reply to his Response in opposition to Plaintiff's Motion for Summary Judgment to be filed by December 9, 2009. Because of the initial extension, Gressett readily consented to Plaintiff's request for a similar three day extension. This request was also granted by the Court, and Plaintiff was given three business days or until December 14, 2009, to file its Response and Reply. Plaintiff then filed this Response and Reply on December 14, 2009 [Doc. 93].

Defendant Russ A. Gressett's Motion For Enlargement Of Time 2

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4.

In keeping with this resulting schedule and to reconcile certain conflicts in Gressett's

counsel's schedule, Gressett now respectfully requests a similar three day extension to his deadline to file a Reply to Plaintiff's Response to his Motion for Summary Judgment to December 24, 2009. 5. Plaintiff will not be prejudiced by the relief sought herein. It will require no delay in

or only a very minimal delay in the Court's consideration of the parties' respective Motions. Conversely, if the relief sought herein is not granted, Gressett will be substantially prejudiced in that he and his counsel will be unable to fully prepare and file a Reply to Plaintiffs' Response to Gressett's Cross-Motion for Summary Judgment, a dispositive motion, and will be unable to fully respond to the arguments, precedent, and evidence contained in Plaintiff's Response. The extension is being sought in good faith and not for the purposes of delay alone but so that justice may be done. 6. On December 17, 2009, the undersigned counsel conferred with Plaintiff's counsel,

William Sauers, regarding the relief sought herein and the reasons therefore. Plaintiff's counsel indicated his client has consented to the relief sought. 7. Gressett's proposed order is attached hereto as Exhibit A.

WHEREFORE, Defendant Gressett respectfully requests that this Court enter an Order granting it an extension of time until December 24, 2009, to file its Reply to Plaintiffs' Response to Gressett's Cross-Motion for Summary Judgment, as well as awarding Gressett such further relief as is necessary, just and proper.

Defendant Russ A. Gressett's Motion For Enlargement Of Time 3

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Respectfully Submitted, GREENBERG TRAURIG, L.L.P. By: s/ Mary-Olga Lovett Mary-Olga Lovett Pamela A. Sperber Christopher C. Miller Greenberg Traurig, LLP 1000 Louisiana, Suite 1800 Houston, Texas 77002 Telephone: [phone] Facsimile: 713-374-3505 Steven M. Schneebaum Maryland Bar No. 04160 2101 L Street, N.W. Suite 1000 Washington, D.C. 20037 Telephone: [phone] Facsimile: 202-261-2665 ATTORNEYS FOR DEFENDANT RUSS A. GRESSETT

Defendant Russ A. Gressett's Motion For Enlargement Of Time 4

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CERTIFICATE OF SERVICE I hereby certify that on December 21, 2009, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. s/ Christopher C. Miller Christopher C. Miller

Defendant Russ A. Gressett's Motion For Enlargement Of Time 5

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SERVICE LIST

CoStar Realty Information, Inc., et al v. Mark Field d/b/a Alliance Valuation Group, et al. Case No. 8:08-CV-00663-AW United States District Court, District of Maryland (Greenbelt Division)

Shari Ross Lahlou Bar No. 16570 [e-mail] Sanya Sarich [e-mail] William J. Sauers [e-mail] Crowell & Moring LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 2004 Facsimile: 202-628-5116 Attorneys for Plaintiffs CoStar Realty Information, Inc., and CoStar Group, Inc. James Elwood Armstrong, IV [e-mail] Simeon D. Brier [e-mail], eruiz@ eapdlaw.com R. Wayne Pierce [e-mail]

Defendant Russ A. Gressett's Motion For Enlargement Of Time 6