UMG Recordings, Inc. v. OpenDeal Inc.

Filing 21

ORDER denying #20 Letter Motion to Adjourn Conference; granting #20 Letter Motion for Extension of Time to Answer re #20 . GRANTED in part, DENIED in part. The Court's order of November 30, 2021, directed the parties to submit a joint letter and proposed case management plan by February 1, 2022. ECF No. 11. The Court did not schedule an initial pretrial conference for that date. The parties' request to adjourn the deadline to submit a joint letter and proposed case management plan is DENIED. Defendant's request to extend the deadline to answer or otherwise respond to the complaint to January 18, 2022, is GRANTED. So Ordered. OpenDeal Inc. answer due 1/18/2022. (Signed by Judge Analisa Torres on 1/7/2022) (js)

Case 1:21-cv-09358-AT Document 21 Filed 01/07/22 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
1/7/2022

UMG RECORDINGS, INC.,
Case No: 1:21-cv-09358- AT
Plaintiff,
v.
OPENDEAL INC. d/b/a REPUBLIC,

PARTIES’ JOINT LETTER MOTION
TO EXTEND DEFENDANT’S
ANSWER DEADLINE AND TO
ADJOURN SINE DIE THE RULE 16
INITIAL PRETRIAL CONFERENCE

Defendant.

Dear Judge Torres:
The undersigned counsel represent the respective parties in this action, Plaintiff UMG
Recordings, Inc. (“Plaintiff”) and Defendant OpenDeal, Inc. (“Defendant”). We write pursuant
to Rule I(C) of Your Honor’s Individual Practices in Civil Cases to request (i) that Defendant’s
deadline to answer or otherwise respond to Plaintiff’s Complaint be extended to January 18,
2022 and (ii) that the Initial Pretrial Conference scheduled for February 1, 2022 be adjourned
sine die until after the Court has rendered a decision on Plaintiff’s forthcoming motion for
preliminary injunction.
I. Requested Extension of Defendant’s Deadline to Respond to the Complaint
By way of procedural background, Plaintiff filed this trademark infringement action on
November 12, 2021. (ECF No. 1.) On December 2, 2021, Plaintiff’s counsel emailed
Defendant’s counsel with copies of the Complaint and Summons in this case and Defendant’s
counsel agreed to accept service of the Complaint on behalf of Defendant effective December 6,
2021, without waiver of any defense other than any defense based on the manner or sufficiency
of service. (ECF No. 19.)
The parties agreed that Defendant would answer or otherwise respond to the Complaint on or
before January 18, 2022 and they hereby ask the Court to “so order” this extension of
Defendant’s deadline to respond to the Complaint. No previous requests for extension of
Defendant’s deadline to respond to the Complaint have been made by the parties and the
requested extension will not affect any other scheduled deadlines.
II. Requested Adjournment of the Rule 16 Initial Pretrial Conference
On November 30, 2021, the Court issued its Initial Pretrial Scheduling Order setting the Rule 16
Initial Pretrial Conference for February 1, 2022. (ECF No. 11.) On December 7, 2021, Plaintiff
requested a pre-motion conference with the Court on its anticipated motion for preliminary
injunction, and Defendant filed its response to Plaintiff’s pre-motion conference request on
December 14, 2021. (ECF Nos. 13, 17.) On December 16, 2021, the Court granted Plaintiff’s
request to file a preliminary injunction motion and set a briefing schedule on the motion, with
Plaintiff’s motion due January 24, 2022, Defendant’s opposition due February 14, 2022 and
Plaintiff’s reply due February 28, 2022. (ECF No. 18.)

{F4420977 1 }

Case 1:21-cv-09358-AT Document 21 Filed 01/07/22 Page 2 of 2

GRANTED in part, DENIED in part. The Court's order of November 30, 2021,
directed the parties to submit a joint letter and proposed case management plan by
February 1, 2022. ECF No. 11. The Court did not schedule an initial pretrial
conference for that date. The parties' request to adjourn the deadline to submit a joint
letter and proposed case management plan is DENIED. Defendant's request to extend
the deadline to answer or otherwise respond to the complaint to January 18, 2022, is
GRANTED.
SO ORDERED.
Dated: January 7, 2022
New York, New York