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)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
DANIEL R. CASTRO,
Plaintiff,

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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
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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
[phone] / [phone] Fax
Perry J. Viscounty (Admitted Pro Hac Vice)
LATHAM & WATKINS LLP
650 Town Center Drive, 20th Floor
Costa Mesa, CA 92626
[phone] / [phone] Fax
Jennifer L. Barry (Admitted Pro Hac Vice)
LATHAM & WATKINS LLP
600 West Broadway, Suite 1800
San Diego, CA 92101
[phone] / [phone] 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

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