Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Filing 41

MOTION for Order (Ex Parte) to Extend Time for Plaintiffs' Response to Defendants' Motion for Summary Judgment and Brief in Support Thereof by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit [Proposed] Ex-Parte Order Granting Plaintiffs' Motion to Extend Time for Plaintiffs' Response to Defendants' Motion for Summary Judgment) (Hertz, Howard)

Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Doc. 4

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EIGHT MILE STYLE, LLC and MARTIN AFFILIATED, LLC Plaintiffs, vs APPLE COMPUTER, INC. and INTERVENOR AFTERMATH RECORDS d/b/a AFTERMATH ENTERTAINMENT, Defendants. ____________________________________________________________________________/ Richard S. Busch (TN BPR#14594) Kelly M. Klaus King & Ballow Munger, Tolles & Olson LLP 1100 Union Street Plaza 355 South Grand Avenue, #3500 315 Union Street Los Angeles, CA 90071-1560 Nashville, TN 37201 [phone] [phone] [e-mail] [e-mail] Attorneys for Defendants Attorneys for Plaintiffs Howard Hertz (P26653) Hertz Schram PC 1760 South Telegraph Road, #300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs Daniel D. Quick (P48109) Dickinson Wright PLLC 38525 Woodward Avenue, #2000 Bloomfield Hills, MI 48304 [e-mail] Attorneys for Defendants / PLAINTIFFS' MOTION REQUESTING AN EX PARTE ORDER TO EXTEND TIME FOR PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT OF THEREOF Case No. 2:07-cv-13164

Dockets.Justia

NOW COME plaintiffs, Eight Mile Style, LLC ("Eight Mile") and Martin Affiliated, LLC ("Martin") (collectively "plaintiffs"), by and through their counsel, and move this Honorable Court to issue an ex parte order which grants an extension of time for plaintiffs to respond to defendants' motion for summary judgment, and states as follows: 1. 2. 3. Defendants filed a motion for summary judgment on May 5, 2008. Pursuant to LR 7.1(d)(1) plaintiffs' response would be due May 27, 2008. Depositions are continuing in this case and are currently scheduled to be

completed on or before June 2, 2008. 4. There have been approximately eight (8) depositions taken thus far in this case

with several more to be taken during the next two weeks. 5. In order for plaintiffs to fully and completely respond to defendants' motion for

summary judgment, it is necessary to complete the depositions, refer to relevant portions of the transcripts and attach those relevant portions as exhibits to plaintiffs' brief. 6. Defendant Aftermath Records has produced nearly 60,000 pages of documents in

connection with this case and the review time necessary with respect to these documents in order to properly respond to defendants' motion for summary judgment is significant and warrants the granting of an extension as well. 7. There was a conference between attorneys in which plaintiffs' counsel explained

the nature of this motion and requested but did not obtain concurrence in the relief sought. Plaintiffs requested from defendants a two (2) or three (3) week extension; a three week extension would make plaintiffs' response due on or before June 17, 2008. Defendants have agreed to a one (1) week extension but this will be insufficient time for plaintiffs to obtain

2

deposition transcripts, review documents and incorporate them into their response brief. 8. There will be no prejudice to defendants in granting such an extension as the

current dispositive motion cut-off has been set by the Court for August 4, 2008. An ex parte order is necessary to grant the relief prior to the current due date of May 27, 2008 (see proposed ex parte order attached hereto as Exhibit 1). 9. Plaintiffs have no objection to defendants being granted an extension for their

reply brief as well. WHEREFORE, for all the above-stated reasons, plaintiffs respectfully request that this Honorable Court issue an ex parte order which grants them a three (3) week extension to file their response brief until June 17, 2008. Respectfully submitted, /s/ Howard Hertz Hertz Schram PC 1760 South Telegraph Road, Suite 300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs Richard S. Busch King & Ballow 1100 Union Street Plaza, 315 Union Street Nashville, TN 37201 [phone] [e-mail] Attorneys for Plaintiffs

3

BRIEF IN SUPPORT OF PLAINTIFFS' MOTION TO EXTEND TIME FOR PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT In support of plaintiffs' motion to extend time for plaintiffs' response to defendants' motion for summary judgment, plaintiffs rely on FRCP 6(b)(1)(A) and LR 7.1(f) permitting this Honorable Court to enter an ex-parte order specifying the time within which such brief and additional documents must be filed. Respectfully submitted, /s/ Howard Hertz Hertz Schram PC 1760 South Telegraph Road, Suite 300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs Richard S. Busch King & Ballow 1100 Union Street Plaza, 315 Union Street Nashville, TN 37201 [phone] [e-mail] Attorneys for Plaintiffs
Certificate of Service I hereby certify that on May 21, 2008, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to all participating attorneys. s/Howard Hertz (P26653) Attorney for Plaintiffs 1760 S. Telegraph Rd., Ste. 300 Bloomfield Hills, MI 48302-0183 [phone] [phone] (fax) [e-mail]

4