IHOP IP, LLC et al v. International House of Prayer et al

Filing 40

Consent MOTION for extension of time to Amend the Return of Service and Strike Certain Affirmative Defenses filed by Elizabeth A. Tassi on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/26/2012 unless otherwise directed by the court. (Tassi, Elizabeth)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI IHOP IP, LLC et al., Plaintiffs, vs. INTERNATIONAL HOUSE OF PRAYER et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 11-00548-CV-W-NKL UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A MOTION TO AMEND THE RETURN OF SERVICE AND STRIKE CERTAIN AFFIRMATIVE DEFENSES Plaintiffs IHOP IP, LLC and International House of Pancakes, LLC move the Court for an additional fourteen (14) days, up to and including Friday, January 27, 2012, in which to file their Motion to Amend the Return of Service and Strike Certain Affirmative Defenses of The Prayer Furnace, Inc. In support of this motion, plaintiffs state: 1. Pursuant to Fed. R. Civ. P. 12(f), the deadline for filing a motion to strike is currently Friday January 13, 2012. 2. Plaintiffs and defendant The Prayer Furnace, Inc. are actively engaged in settlement discussions. 3. No prejudice to any party would result from plaintiffs being permitted additional time to file its motion and the requested extension will not affect any other deadlines set out in the Court's Scheduling Order [Doc. #31]. 4. No prior extensions of time have been requested or granted. DB04/808085.0002/5593869.1PF06 5. Plaintiffs have consulted with counsel for defendant regarding the extension, and defendant has approved this request. 6. For these reasons, plaintiffs respectfully requests that the Court grant its motion for an extension of time. Respectfully submitted, /s/Elizabeth A. Tassi Mark D. Hinderks (MO Bar No. 58124) Mark M. Iba (MO Bar No. 45452) Elizabeth A. Tassi (MO Bar No. 59621) STINSON MORRISON HECKER LLP 1201 Walnut Street, Suite 2900 Kansas City, Missouri 64106 (816) 842-8600 (telephone) (816) 691-3495 (facsimile) Attorneys for Plaintiffs INTERNATIONAL HOUSE OF PANCAKES, LLC and IHOP IP, LLC CERTIFICATE OF SERVICE I hereby certify that on January 9, 2012, a true and correct copy of the foregoing document was filed electronically via CM/ECF in the United States District Court for the Western District of Missouri, with notice of same being electronically served by the Court, addressed to: Keith J. Grady John M. Challis POLSINELLI SHUGHART PC 100 S. Fourth Street, Suite 1000 St. Louis, MO 63102 Telephone: (314) 889-8000 Fax: (314) 231-1776 Email: kgrady@polsinelli.com jchallis@polsinelli.com Lauren Tucker McCubbin POLSINELLI SHUGHART PC Twelve Wyandotte Plaza 120 West 12th Street, Suite 1800 DB04/808085.0002/5593869.1PF06 2 Kansas City, MO 64105 Telephone: (816) 421-3355 Fax: (816) 374-0509 Email: ltucker@polsinelli.com Attorneys for Defendants INTERNATIONAL HOUSE OF PRAYER, FRIENDS OF THE BRIDEGROOM, INC., SHILOH MINISTRIES, INC., and MIKE BICKLE Diane Waters BENNETT, BODINE & WATERS, P.A. 11125 Johnson Drive Shawnee, KS 66203 Telephone: (913) 948-7930 Fax: (913) 948-7901 Email: dwaters@bbw-law.com Attorney for Defendant THE PRAYER FURNACE, INC. d/b/a INTERNATIONAL HOUSE OF PRATER EAST BAY /s/Elizabeth A. Tassi ATTORNEY FOR PLAINTIFFS DB04/808085.0002/5593869.1PF06 3

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