Reed et al v. Freebird Film Productions, Inc. et al

Filing 47

Motion for extension of time until after the Court's ruling on the parties' dispositive motions to answer or otherwise plead filed by Defendant Judy Van Zant Jenness. (Avsec, Mark)

Reed et al v. Freebird Film Productions, Inc. et al

Doc. 47

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION REED, et al., Plaintiffs, vs. FREEBIRD FILM PRODUCTIONS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

JUDGE CHRISTOPHER A. BOYKO CASE NO. 1:08-CV-1761

UNOPPOSED MOTION OF DEFENDANT JUDY JENNESS FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD **Expedited Consideration Requested**

Defendant Judy Jenness ("Jenness") hereby respectfully moves this Court for an extension of time to answer or otherwise respond to the Complaint filed in this case by Plaintiffs Craig Reed and Survivor Films, Inc. (collectively, "Plaintiffs") until such time as this Court has had an opportunity to rule on the parties' dispositive motions, which are scheduled to be filed by January 20, 2009. The current due date for Jenness's response to the Complaint is today, January 12, 2009. The bases for this Motion are that Jenness has only recently obtained counsel (undersigned) for this matter and that this Motion is supported by good cause. Jenness's

response raises certain jurisdictional issues, defenses, and objections that counsel has not had an

Dockets.Justia.com

adequate opportunity to investigate. In light of this Court's December 17, 2008 Docket Entry ("the Docket Entry"),1 raising such defenses at this stage could require the parties and the Court to expend resources unnecessarily. Furthermore, in light of the Docket Entry, an extension of time for Jenness to answer or otherwise plead would not unduly delay resolution of this case. In addition, Plaintiffs' counsel has consented to this Motion. For the foregoing reasons, Jenness submits that this Motion should be granted. Respectfully submitted, DATED: January 12, 2009 /s/ Mark E. Avsec________________ MARK E. AVSEC (0064472) [e-mail] BRYAN A. SCHWARTZ (0078527) [e-mail] ANGELA R. GOTT (0082198) [e-mail] BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP 200 Public Square, Suite 2300 Cleveland, Ohio 44114-2378 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Judy Jenness

On December 17, 2008 this Court made a Docket Entry ("the Docket Entry") in which the Court instructed that it was withdrawing Defendant Lynyrd Skynryd's answer and counterclaim, with right to re-file a motion for leave to amend if necessary after ruling on dispositive motions, and holding the parties' discovery dispute in abeyance until after ruling on dispositive motions.

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CERTIFICATE OF SERVICE I hereby certify that on January 12, 2009, a copy of the foregoing UNOPPOSED MOTION OF DEFENDANT JUDY JENNESS FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD was filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties. Parties may access this filing through the Court's system.

/s/ Mark E. Avsec MARK E. AVSEC (0064472)

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