Hyatt v. United States Patent and Trademark Office et al

Filing 26

ORDER Granting 25 Motion to Extend Time to Reply re 22 Motion to Dismiss. Replies due by 6/23/2014. Signed by Judge Lloyd D. George on 6/9/14. (Copies have been distributed pursuant to the NEF - MMM)

1 DANIEL G. BOGDEN
United States Attorney
2 District of Nevada
3 PATRICK A. ROSE
Assistant United States Attorney
4 Nevada Bar No. 5109
333 Las Vegas Blvd. South, Suite 5000
5 Las Vegas, Nevada 89101
Telephone: [phone]
6 Facsimile: 702-388-6787
Email: [e-mail]
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MOLLY R. SILFEN
8 Special Assistant United States Attorney
United States Patent and Trademark Office
9 Office of the Solicitor
Mail Stop 8, P.O. Box 1450
10 Alexandria, Virginia 22313-1450
Phone: [phone]
11 Fax: [phone]
[e-mail]
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Attorneys for Federal Defendants
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GILBERT P. HYATT ,
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Case No.: 2:14-cv-00311-LDG-GWF
Plaintiff,
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v.
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UNOPPOSED MOTION FOR
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EXTENSION OF TIME TO FILE
UNITED STATES PATENT AND
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REPLY IN SUPPORT OF FEDERAL
19 TRADEMARK OFFICE and MICHELLE K.
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DEFENDANTS’ MOTION TO
LEE, Deputy Under Secretary of Commerce for )
DISMISS OR, IN THE
20 Intellectual Property, and Deputy Director of the )
ALTERNATIVE, STRIKE
United States Patent and Trademark Office,
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Defendants.
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Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Local Rule 6-1, Defendants Michelle
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K. Lee and the United States Patent and Trademark Office (collectively “USPTO”) respectfully
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move for a two-week extension of time, to June 23, 2014, to file a reply in support of their Motion to
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1 Dismiss or, in the Alternative, Strike. A response is currently due June 9, 2014. Mr. Hyatt’s counsel
2 have advised that they do not oppose this request for additional time.
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In support of this motion, the USPTO relies on the following Memorandum of Points and

4 Authorities.
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Dated: June 9, 2014

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Respectfully submitted,

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DANIEL G. BOGDEN
United States Attorney

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/s/ Molly R. Silfen
MOLLY R. SILFEN
Special Assistant United States Attorney

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MEMORANDUM OF POINTS AND AUTHORITIES
Federal Rule of Civil Procedure 6(b)(1) and Local Rule 6-1 allow a party to request
additional time to perform an act. Here, the USPTO’s request for additional time to file a reply in
support of its Motion to Dismiss or, in the Alternative, Strike is warranted because of the schedule of
counsel for the USPTO. Specifically, Mr. Hyatt’s response was filed on Friday, May 30, 2014. The
undersigned defense counsel had an oral argument at the Court of Appeals for the Federal Circuit on
Tuesday, June 3, 2014, and has a brief due in a different appeal at the Federal Circuit on Thursday,
June 12, 2014. The USPTO also has a reply brief due in this Court, in case no. 2:14-cv-00011-JCMNJK, on the same day as this brief, June 9, 2014. The USPTO is requesting a two-week extension
until June 23, 2014, in that case as well.
Mr. Hyatt’s counsel have advised that they do not oppose this request for additional time.
For these reasons, the USPTO respectfully requests that the Court extend the deadline to file
a reply in support of the USPTO’s Motion to Dismiss or, in the Alternative, Strike to June 23, 2014.
This request is made in good faith and not for purposes of undue delay.
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Dated: June 9, 2014

Respectfully submitted,

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DANIEL G. BOGDEN
United States Attorney

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/s/ Molly R. Silfen
MOLLY R. SILFEN
Special Assistant United States Attorney

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
LLOYD STATES MAGISTRATE JUDGE
UNITEDD. GEORGE

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June 2014
Dated:_________________________________

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