Virgin Records America, Inc v. Thomas

Filing 349

Virgin Records America, Inc v. Thomas

Doc. 349

Case 0:06-cv-01497-MJD-RLE Document 349

Filed 08/11/09 Page 1 of 3

IN THE UNITED STATES OF DISTRICT COURT FOR THE DISTRICT OF MINNESOTA CAPITOL RECORDS, INC., et al., Plaintiffs, vs. JAMMIE THOMAS-RASSET, Defendant. Plaintiffs respectfully submit this Unopposed Motion for Brief Extensions to File Opposition and Reply Briefs and state as follows: 1. 338.) 2. The parties each filed post-trial motions on July 6, 2009. Plaintiffs filed a Motion On June 19, 2009, the Court entered Judgment against Defendant. (Doc. No. Case No.: 06cv1497-MJD/RLE UNOPPOSED MOTION FOR BRIEF EXTENSIONS TO FILE OPPOSITION AND REPLY BRIEFS

to Amend Judgment (Doc. No. 342) and Defendant filed a Motion for a New Trial, Remittitur, and to Alter or Amend the Judgment (Doc. No. 344). 3. On July 8, 2009, the Court issued a Briefing Notice (Doc. No. 345), instructing

that opposition briefs be filed by July 22, 2009 and replies by July 29, 2009. 4. Based on Plaintiffs' Unopposed Motion to Extend Briefing Deadlines (Doc. No.

346), the Court entered an Order (Doc. No. 348) amending the briefing schedule to allow the parties to file opposition briefs by August 12, 2009 and replies by August 19, 2009. 5. Plaintiffs now respectfully request a brief two-day extension of the deadline to file

their opposition brief to accommodate certain Plaintiffs' representatives who are out of the office and traveling at this time. The brief extension will allow Plaintiffs to finalize their opposition brief and file it by Friday, August 14, 2009.

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Case 0:06-cv-01497-MJD-RLE Document 349

Filed 08/11/09 Page 2 of 3

6.

Undersigned counsel for Plaintiffs has conferred with counsel for Defendant

regarding this motion. Defendant has no objection to the motion provided that the deadline for oppositions and replies be extended for all parties. Plaintiffs' counsel was unable to confer with counsel for the United States of America, which has entered an appearance in this case, regarding the filing of its opposition brief, should it decide to file one. 7. Accordingly, Plaintiffs respectfully submit that good cause exists for extending

the briefing schedule in this case by two days, to August 14, 2009 for opposition briefs and August 21, 2009 for reply briefs. No party would be prejudiced were this Court to grant the requested extension. WHEREFORE, Plaintiffs respectfully request that the Court extend the briefing schedule on post-trial motions by two days, and enter an order resetting the following deadlines for all parties: (1) opposition briefs due by August 14, 2009, and (2) reply briefs due by August 21, 2009. A form of order is attached for the Court's convenience.

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Case 0:06-cv-01497-MJD-RLE Document 349

Filed 08/11/09 Page 3 of 3

Respectfully submitted this 11th day of August 2009.

/s/ Andrew B. Mohraz Timothy M. Reynolds (pro hac vice) David A. Tonini (pro hac vice) Andrew B. Mohraz (pro hac vice) HOLME ROBERTS & OWEN LLP 1700 Lincoln, Suite 4100 Denver, Colorado 80203 Telephone: [phone] Facsimile: [phone] Matthew J. Oppenheim (pro hac vice) THE OPPENHEIM GROUP, LLP 7304 River Falls Drive Potomac, Maryland 20854 Telephone: [phone] Facsimile: [phone] Felicia J. Boyd (No. 186168) Leita Walker (No. 387095) FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFFS

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