Whitmill v. Warner Bros. Entertainment Inc.

Filing 35

MOTION for Leave to File in Excess of Page Limitation and Out Of Time by Plaintiff S. Victor Whitmill. (Gerber, Geoffrey)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
S. VICTOR WHITMILL,
Plaintiff,
v.
WARNER BROS. ENTERTAINMENT INC.,
Defendant.

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Civil Action No. 4:11-cv-752 CDP

PLAINTIFF’S MOTION FOR LEAVE TO EXCEED PAGE LIMIT
AND FILE OUT OF TIME
Plaintiff S. Victor Whitmill respectfully requests that this Court grant him leave to file a
reply memorandum in support of his motion for summary judgment out of time and in excess of
the twenty-page limit the Court set in its May 19, 2011 Order. (Doc. 23.) In support of this
Motion, Plaintiff states as follows:
1. On Friday, May 20, 2011, Defendant Warner Bros. filed a 40-page Memorandum in
Opposition to Plaintiff’s Motion for Preliminary Injunction [doc. 29], after requesting and
receiving leave to file a brief in excess of the Court’s standard 15-page limit. LR 7-4.01(B).
2. In addition, Defendant also attached a 32-page “Declaration” from David Nimmer, a law
professor and practicing attorney in Los Angeles, California. This declaration followed
Defendant’s witness list [doc. 26], which identified Professor Nimmer and stated that “[h]e will
offer expert testimony that it is not possible to own a copyright created on another human being.”
3. Plaintiff’s counsel has worked over the weekend to respond to what amounts to 72 pages
of legal argument.

4. The Court’s May 19 Order also allowed plaintiff to exceed the Court’s normal limit by 5
pages and file a 20-page memo no later than 9:00 a.m. this morning.
5. Plaintiff’s have been unable to address all of the issues raised by Defendant within that
page limit and time limit.
6. So, Plaintiff seeks leave to file its 28-page memo (submitted contemporaneously with this
motion) in excess of the Court’s page limit and one hour out of time.
7. This motion is not intended to harass or delay. It is intended to promote judicial
efficiency by provided the Court with legal citations and support relevant to arguments raised in
Defendant’s filing on Friday.
WHEREFORE, Plaintiff respectfully requests that this Court grant this motion and such
other and further relief as the Court deems appropriate under the circumstances.
Respectfully submitted,
/s/ Geoffrey G. Gerber
Michael A. Kahn (#35411MO)
[e-mail]
Pete Salsich III (#44886MO)
[e-mail]
Geoff G. Gerber (#47097MO)
[e-mail]
’$"%!&)(#
PROFESSIONAL CORPORATION

1006 Olive Street, Ste. 303
St. Louis, Missouri 63101-2048
Tel: [phone]
Attorneys for plaintff

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document
was served via the Court’s electronic filing system on this 23rd day of May, 2011 on all counsel
of record.
/s/ Geoffrey G. Gerber
Attorney for Plaintiff
S. Victor Whitmill

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