Konami Gaming Inc. v. PTT, LLC

Filing 11

ORDER granting 10 Motion for extension of time to file responsive pleading to complaint. PTT, LLC answer due 1/26/2015. Signed by Magistrate Judge Nancy J. Koppe on 1/13/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-01483-RFB-NJK Document 10 Filed 01/12/15 Page 1 of 4

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Robert C. Ryan
Nevada Bar No. 7164
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, NV 89511
Phone: [phone]
Fax: [phone]
[e-mail]
Christopher B. Hadley
(Pro hac vice to be filed)
HOLLAND & HART LLP
222 South Main St., Suite 2200
Salt Lake City, UT 84101
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for PTT, LLC d/b/a High 5 Games

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UNITED STATES DISTRICT COURT
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HOLLAND & HART LLP
5441 KIETZKE LANE
SECOND FLOOR
RENO, NV 89511

DISTRICT OF NEVADA
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KONAMI GAMING, INC., a Nevada
corporation,
Case No.: 2:14-cv-01483-RFB-NJK

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Plaintiff,
v.

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PTT, LLC d/b/a HIGH 5 GAMES, a
Delaware limited liability company,

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ORDER GRANTING
DEFENDANT’S MOTION FOR
EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING TO COMPLAINT
[SECOND REQUEST]

Defendant.

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Pursuant to LR 6-1 and Rule 6(b) of the Federal Rules of Civil Procedure, Defendant
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PTT, LLC d/b/a High 5 Games (“High 5 Games”), by and through its attorney, Robert C. Ryan,
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Esq., of the law firm Holland & Hart LLP, moves for a second extension of time to file a
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responsive pleading to the Complaint. This Motion is based upon the pleadings and papers on
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file herein and the attached Memorandum of Points and Authorities.
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MEMORANDUM OF POINTS AND AUTHORITIES
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1.

This is an action for patent infringement. Konami Gaming filed its Complaint on

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or about September 12, 2014. (Dkt. No. 1). Konami Gaming served High 5 Games with process
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in this matter on September 22, 2014. (Dkt. No. 7). The original due date for High 5 Games to
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Case 2:14-cv-01483-RFB-NJK Document 10 Filed 01/12/15 Page 2 of 4

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answer or otherwise plead in response to the Complaint was October 13, 2014 pursuant to Fed.

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R. Civ. P. 12. During settlement discussions, Konami Gaming agreed not to object to High 5

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Games filing a responsive pleading by December 12, 2014.

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2.

On December 12, 2014, the parties stipulated to extending the time to file a

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responsive pleading to the Complaint to January 12, 2015. (Dkt. No. 8). Later that same day

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United States Magistrate Judge Nancy J. Koppe ordered that extension. (Dkt. No. 9). This

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extension was the parties’ first requested extension of time.

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3.

High 5 Games’ response is due today, January 12, 2015, and as such this request

is made before the expiration of time allowed under the Federal Rules of Civil Procedure for
High 5 Games to respond. See Fed. R. Civ. P. 6(b).

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4.

Within several weeks of service of the Complaint on High 5 Games, the parties

HOLLAND & HART LLP
5441 KIETZKE LANE
SECOND FLOOR
RENO, NV 89511

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commenced discussing settlement; and pursuant to these discussions, High 5 Games began

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collecting information, particularly source code for several dozen gaming products, related to the

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accusations made in the Complaint. High 5 Games has been diligently working on collecting

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this information in a format understandable to Konami Gaming for purposes of settlement and

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without waiting for discovery requests in this matter.

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5.

The anticipated time to collect and process the source code and other information

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for several dozen High 5 Games’ games required much more work and was far more voluminous

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than anticipated.

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6.

The parties engaged in good-faith settlement discussions and negotiations and

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High 5 Games initiated significant efforts to collect and provide pre-discovery information to

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Konami Gaming in an effort to resolve this dispute. However, additional time is necessary to

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complete collection of the pertinent information as the parties previously agreed and stipulated

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to.

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7.

Given the ongoing nature and substantial information to be exchanged between

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the parties pursuant to settlement discussions, High 5 Games requests two weeks of additional

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time, up to and including January 26, 2015, to file a responsive pleading in this matter.

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Case 2:14-cv-01483-RFB-NJK Document 10 Filed 01/12/15 Page 3 of 4

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8.

Konami Gaming will not be prejudiced by such a brief extension. Konami

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Gaming is not seeking any immediate or emergency relief against High 5 Games in the

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Complaint.

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This is the second requested extension of time. This request is made in good faith

and not in an attempt to delay proceedings.

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DATED this 12th day of January, 2015.

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HOLLAND & HART LLP

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By

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HOLLAND & HART LLP
5441 KIETZKE LANE
SECOND FLOOR
RENO, NV 89511

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/s/ Robert C. Ryan
Robert C. Ryan, Esq.
5441 Kietzke Lane, Second Floor
Reno, NV 89511
Phone: [phone]
Fax: [phone]

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Christopher B. Hadley, Esq.
(Pro hac vice to be filed)
HOLLAND & HART LLP
222 South Main St., Suite 2200
Salt Lake City, UT 84101
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant

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IT IS SO ORDERED.
DATED: January 13, 2015

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_______________________________
NANCY J. KOPPE
United States Magistrate Judge

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Case 2:14-cv-01483-RFB-NJK Document 10 Filed 01/12/15 Page 4 of 4

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CERTIFICATE OF SERVICE

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I hereby certify that on the 12th day of January, 2015, a true and correct copy of the

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foregoing DEFENDANT’S MOTION FOR EXTENSION OF TIME TO FILE

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RESPONSIVE PLEADING TO COMPLAINT [SECOND REQUEST] was served by

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electronically filing the foregoing with the Clerk of Court using the CM/ECF system which will

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automatically send email notification of such filing to the following attorneys of record:

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Kimberly P. Stein, Esq.
Wells Fargo Tower, Suite 1000
3800 Howard Hughes Parkway
Las Vegas, NV 89169-5980
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Patrick M. McCarthy (Michigan Bar No.
P49100) (pro hac vice to be filed)
One North Main Building, Suite 410
101 North Main Street
Ann Arbor, Michigan 48104-1475
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff

HOLLAND & HART LLP
5441 KIETZKE LANE
SECOND FLOOR
RENO, NV 89511

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/s/ Robert C. Ryan
Robert C. Ryan

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