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

Filing 48

MOTION for Leave to File Excess Pages Limitation by Eight Mile Style, LLC, Martin Affiliated, LLC. (Hertz, Howard)

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 AFTERMATH RECORDS d/b/a AFTERMATH ENTERTAINMENT, Defendants. Case No. 2:07-cv-13164 Hon. Anna Diggs Taylor Magistrate Judge Donald A Scheer

Howard Hertz (P26653) Hertz Schram PC 1760 South Telegraph Road, #300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs

Richard S. Busch (TN BPR#14594) King & Ballow 1100 Union Street Plaza 315 Union Street Nashville, TN 37201 [phone] [e-mail] Attorneys for Plaintiffs

PLAINTIFFS' EX-PARTE MOTION TO EXCEED PAGE LIMITATION NOW COMES Plaintiffs and by and through their attorneys Hertz Schram, P.C. and King & Ballow, and pursuant to Local Rule 7.1 (c)(3)(A) of the Eastern District hereby moves this Court to enter an Ex-Parte Order permitting Plaintiffs to file a Response Brief in Opposition to Defendants' Motion for Summary Judgment that exceeds the page limitation set forth by the

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Local Rules. Plaintiffs request permission to file a Response of no more than 30 pages. The grounds for this Motion are more fully set forth in the Brief In Support of this Motion. Respectfully Submitted, s/Howard Hertz Howard Hertz Hertz Schram PC Attorneys for Plaintiffs 1760 South Telegraph Road, #300 Bloomfield Hills, MI 48302 [phone] [e-mail] (P26653) s/Richard S. Busch Richard S. Busch KING & BALLOW Attorneys for Plaintiffs 1100 Union Street Plaza 315 Union Street Nashville, Tennessee 37201 [phone] [e-mail]

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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 AFTERMATH RECORDS d/b/a AFTERMATH ENTERTAINMENT, Defendants. Howard Hertz (P26653) Hertz Schram PC 1760 South Telegraph Road, #300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs Richard S. Busch (TN BPR#14594) King & Ballow 1100 Union Street Plaza 315 Union Street Nashville, TN 37201 [phone] [e-mail] Attorneys for Plaintiffs Case No. 2:07-cv-13164 Hon. Anna Diggs Taylor Magistrate Judge Donald A Scheer

BRIEF IN SUPPORT OF PLAINTIFFS' EX-PARTE MOTION TO EXCEED PAGE LIMITATION Plaintiffs rely on LR 7.1 (c)(3)(A) which provides, in pertinent part, that "A party seeking to file a longer brief may apply ex parte in writing setting forth the reasons." In the case sub judice, Defendants' Motion for Summary Judgment raises complex legal issues. Defendants' brief (Doc. No. 34) is twenty pages long, they attach exhibits totaling an additional 180 pages (Doc. Nos. 34-3 through 34-12), and they have filed seven more exhibits under seal. Defendants' motion treats as simple what are in fact novel arguments in a highly specialized industry. Plaintiffs' response will of necessity discuss the complex legislative history

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behind the relevant portions of the Copyright Act and explain the long term development of the law behind the digital distribution of music. Accordingly, plaintiffs respectfully request that this Court grant its Motion to Exceed Page Limitation, allowing them to file a Response Brief of no more than 30 pages. Respectfully Submitted, s/Howard Hertz Howard Hertz (P26653) Hertz Schram PC 1760 South Telegraph Road, #300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs s/Richard S. Busch Richard S. Busch KING & BALLOW 1100 Union Street Plaza 315 Union Street Nashville, Tennessee 37201 [phone] [e-mail] Attorneys for Plaintiffs

I hereby certify that on June 23, 2008, I electronically filed Plaintiffs' Motion and Brief to Exceed Page Limitation with the clerk of the court using the ECF system which will send notification of such filing to the ECF Participants. Respectfully submitted, Hertz Schram PC Attorneys for Plaintiff

/s/ Howard Hertz_______________ 1760 S. Telegraph, Suite 300 Bloomfield Hills, MI 48302-0183 [phone] [e-mail] (P26653)

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