Titlecraft, Inc. v. National Football League et al

Filing 14

MOTION to Withdraw 9 MOTION for Default Judgment as to Counterclaims, 10 Notice of Hearing on Motion, 11 APPLICATION FOR ENTRY OF DEFAULT by NFL Properties, LLC, National Football League. (Cruz, Timothy)

Titlecraft, Inc. v. National Football League et al

Doc. 14

Case 0:10-cv-00758-RHK-JJK Document 14

Filed 07/14/10 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

TITLECRAFT, INC., Plaintiff and Counterclaim Defendant,
v.

No. 0:10-cv-00758-RHK-JJK DEFENDANTS/COUNTERCLAIM PLAINTIFFS NATIONAL FOOTBALL LEAGUE and NFL PROPERTIES LLC' WITHDRAWAL OF MOTION S FOR ENTRY OF DEFAULT JUDGMENT

NATIONAL FOOTBALL LEAGUE and NFL PROPERTIES, LLC, Defendants and Counterclaim Plaintiffs.

On March 11, 2010, Titlecraft, Inc. (" itlecraft" preemptively sued the National T ) Football League and NFL Properties, LLC (collectively "he NFL Parties". In this t ) preemptive lawsuit Titlecraft asks this Court for a declaratory judgment that it is entitled to sell knockoffs of the NFL' Vince Lombardi Trophy. (See Docket No. 1.) s The NFL Parties filed a timely answer, denying the allegations of the Complaint and asserting counterclaims. (See Docket No. 3 at 14-22.) The NFL Parties' counterclaims were served on Titlecraft by ECF on June 4, 2010. (See Docket No. 6.) Titlecraft was required to serve its answer to the counterclaims by June 28; that is within 21 days, plus three for service by ECF. See Fed. R. Civ. P. 12(a)(1)(B); 6(d). Titlecraft, however, did not timely answer or otherwise responded to the NFL Parties'counterclaims, and it did not seek an extension of time to answer. After waiting

Dockets.Justia.com

Case 0:10-cv-00758-RHK-JJK Document 14

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two weeks, the NFL Parties applied for entry of default on July 12, 2010. (See Docket No. 11.) Only after the NFL Parties'application was filed did Titlecraft file its reply to the Counterclaims. (See Docket No. 13.) In view of Titlecraft' belated reply, and in order s to conserve the resources of the Court, the NFL Parties hereby withdraw their motion for default judgment (Docket No. 9), and request that the corresponding hearing that is scheduled to be held at 8:15 a.m. on August 26, 2010 (see Docket No. 10) be vacated. Dated: July 14, 2010 Respectfully submitted, s/Timothy J. Cruz Daniel J. Connolly, #197427 Timothy J. Cruz #0386626 FAEGRE & BENSON 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 [phone] Bruce P. Keller DEBEVOISE & PLIMPTON LLP 919 Third Avenue New York, New York 10022 Attorneys for Defendants and Counterclaim Plaintiffs National Football League and NFL Properties LLC
fb.us.5434385.01

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