Shirokov v. Dunlap, Grubb & Weaver PLLC et al

Filing 52

Assented to MOTION for Extension of Time to May 23, 2011 to Respond to Second Amended Complaint by Achte/Neunte Boll Kino Beteiligungs Gmbh & Co KG.(Cain, Kevin)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

DMITRIY SHIROKOY, on behalf of

himself

and all others similarly situated,
Plaintiff

CIYIL ACTION NO.1 :10-CY-12043-GAO

v.

DUNLAP, GRUBB & WEA YER, PLLC; US
COPYRIGHT GROUP; THOMAS DUNLAP;
NICHOLAS KURTZ; GUARDALEY,
LIMITED; and ACHTEINEUNTE Boll Kino
Beteiligungs Gmbh & Co KG,
Defendants.

ASSENTED-TO MOTION OF THE DEFENDANT, ACHTEINEUNTE
Boll Kino Beteilgungs Gmbh & Co KG, TO EXTEND THE TIME NUNC PRO TUNC
TO RESPOND TO PLAINTIFF'S COMPLAINT TO MAY 23, 2011.
Pursuant to all applicable rules of civil procedure and the inherent authority of the Court
to regulate matters before it, and with the agreement of the plaintiff, the defendant,
ACHTEINEUNTE Boll Kino Beteiligungs Gmbh & Co KG, moves for an order extending the

deadline by which the defendant must move, plead, or otherwise respond to the Second
Amended Complaint to and including May 23, 2011. In support of

this Motion, the defendant

states as follows:
1. The defendant originally fied an assented to motion for an extension through

May 18, 2011; which was granted by this court.
2. As a result of unanticipated conflicts certain delays occurred necessitating a

request for additional time to fie defendant's motion to dismiss.
3. On May 17,2011, Kevin C. Cain, contacted plaintiffs counsel, Jason E. Sweet, to

seek a further short extension from Wednesday, May 18,2011 to Monday, May 23, 2011.

4. Attorney Sweet graciously granted that extension indicating that his calendar

already reflected that date as the due date.
5. Below signed defense counsel, Kevin C. Cain, inadvertently failed to file a further

assented to motion to extend time to respond.
this motion as the plaintiff

6. No delay will be caused by the grant of

has already

filed its opposition to defendant's motion to dismiss.
7. Plaintiff s counsel has assented to the requested enlargement nunc pro tunc to

clarify the record and reflect the parties previous oral agreement.

For all the foregoing reasons, the defendant requests that this Motion be granted and that
the deadline by which the defendant must move, plead, or otherwise respond to the Complaint be
enlarged nunc pro tunc through May 23, 2011.

ASSENTED TO:
Isl Jason E. Sweet
Daniel G. Booth

BBO # 672090
Jason E. Sweet
BBO # 668596
BOOTH SWEET LLP
32R Essex Street, Suite 1

Cambridge, MA 02139
[phone]

Dated: June 7, 2011

ACHTEINEUNTE Boll Kino Beteiligungs
Gmbh & Co KG
By its Attorneys,

Isl Kevin C. Cain
Kevin C. Cain
BBO # 550055
Harvey Weiner

BBO # 519840
PEABODY & ARNOLD LLP
Federal Reserve Plaza
600 Atlantic Avenue
Boston, MA 02210-2261
[phone]

CERTIFICATE OF SERVICE
I, Kevin C. Cain, hereby certify that on this ih day of June, 2011, I served the within
Assented-To Motion of

the Defendant, ACHTEINEUNTE Boll Kino Beteiligungs Gmbh & Co
to be sent

KG, to Extend the Time to Respond to Plaintiffs Complaint by causing a copy thereof

electronically to the registered participants in this case, as identified on the Notice of Electronic
Filing.

Isl Kevin C. Cain
Dated: June 7, 2011

743349 i