Castro v. Entrepreneur Media, Inc.

Filing 71

Opposed MOTION for Extension of Time to File Response/Reply in Support of Motion to Dismiss by Entrepreneur Media, Inc.. (Attachments: # 1 Affidavit Declaration of Jennifer L. Barry (with exhibits), # 2 Proposed Order). Motions referred to Judge Andrew W. Austin. (Barry, Jennifer)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DANIEL R. CASTRO, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) v. ENTREPRENEUR MEDIA, INC., Defendant. ENTREPRENEUR MEDIA, INC., Counterclaimant, v. DANIEL R. CASTRO, Counterdefendant. Cause No. 1-10-CV-000695-LY-AWA Hon. Lee Yeakel EMERGENCY MOTION FOR SHORT EXTENSION OF DEADLINE TO FILE AND SERVE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS Defendant and Counterclaimant Entrepreneur Media, Inc. (“EMI”) moves for leave to file its Reply Brief (“Reply”) in support of its Motion to Dismiss Second Amended Complaint (filed on July 19, 2011, Docket #62) on Wednesday, August 17, 2011. The current deadline for EMI to file its Reply is Friday, August 12, 2011, per Local Rule CV-7(e) (11 days after filing of response to motion; Plaintiff’s responses were filed on August 1, 2011). EMI needs a short extension of this deadline to permit it to fully respond to Castro’s voluminous opposition filings, which involve five separate briefs totaling over 60 pages and multiple exhibits. This short extension will cause no prejudice to Castro. CERTIFICATE OF CONFERENCE Prior to filing this motion, counsel for EMI asked Castro to agree to this short extension. Castro refused. Copies of EMI’s request and Castro’s refusal are attached to the accompanying 1 SD\799862.1 Declaration of Jennifer L. Barry in support of this emergency motion. Respectfully submitted, Dated: August 8, 2011 By: /s/ Jennifer L. Barry William G. Barber PIRKEY BARBER LLP Texas State Bar No. 01713050 600 Congress Avenue, Suite 2120 Austin, TX 78701 (512) 322-5200 / (512) 322-5201 Fax Perry J. Viscounty (Admitted Pro Hac Vice) LATHAM & WATKINS LLP 650 Town Center Drive, 20th Floor Costa Mesa, CA 92626 (714) 540-1235 / (714) 755-8290 Fax Jennifer L. Barry (Admitted Pro Hac Vice) LATHAM & WATKINS LLP 600 West Broadway, Suite 1800 San Diego, CA 92101 (619) 236-1234 / (619) 696-7419 Fax Attorneys for Defendant/Counterclaimant ENTREPRENEUR MEDIA, INC. CERTIFICATE OF SERVICE I hereby certify that on August 8, 2011, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: Daniel R. Castro CASTRO & BAKER, LLP 7800 Shoal Creek Blvd., Suite 100N Austin, TX 78757 /s/ Jennifer L. Barry Jennifer L. Barry 2 SD\799862.1

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