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

DECLARATION OF JENNIFER L. BARRY IN SUPPORT OF
EMERGENCY MOTION FOR SHORT EXTENSION OF DEADLINE TO FILE
AND SERVE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS
I, Jennifer L. Barry, declare as follows:
1.

I am an attorney at the law firm of Latham & Watkins LLP, counsel for

Defendant and Counterclaimant Entrepreneur Media, Inc. (“EMI”) in the above-entitled case.
As such, I have personal knowledge of the matters set forth below, and if called upon to do so,
could and would testify as follows.
2.

EMI filed a Motion to Dismiss Second Amended Complaint on July 19, 2011

(Docket #62).
3.

Plaintiff filed five separate opposition briefs to the Motion to Dismiss on August

1, 2011. These briefs totaled over 60 pages, with multiple exhibits.
4.

On August 8, 2011, at 12:04 p.m., I sent an email to Castro requesting a short

extension of five days to the deadline (to August 17th) for EMI to file its reply brief in support of
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the Motion to Dismiss. A true and correct copy of that email is attached as Exhibit A.
5.

Later that day, at 1:37 p.m., Castro responded and refused to agree to the

requested extension. A true and correct copy of Castro’s email is attached as Exhibit B.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. This declaration was signed on August 8, 2011.

/s/ Jennifer L. Barry
Jennifer L. Barry

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Exhibit A

From: Barry, Jennifer (SD)
Sent: Monday, August 08, 2011 12:04 PM
To: 'Dan Castro'
Subject: Deadline extension for reply brief
Hi Dan,
Our reply brief is currently due this Friday. Would you please agree to give us an additional five days to
file this brief, so that our deadline is now Wednesday, 8/17? I will prepare the stip for your signature if
that is OK. Thanks!
Jennifer L. Barry | LATHAM & WATKINS LLP | 600 West Broadway, Suite 1800
San Diego, CA 92101 | DD: 619-238-3024 | F: 619-696-7419 | [e-mail]

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Exhibit B
From: Dan Castro [mailto:[e-mail]]
Sent: Monday, August 08, 2011 1:37 PM
To: Barry, Jennifer (SD)
Cc: Viscounty, Perry (OC); Dan Castro
Subject: Re: Deadline extension for reply brief

Jennifer,
Under normal circumstances, I would of course be willing to grant you an extension.
You are a hard worker and you deserve it.
But unfortunately, your client has been operating in bad faith.
Your client flew all the way to Austin and agreed to something in writing and then "changed his
mind" about it when he got home.
You and Perry have yet to explain to me why he suddenly is unwilling to stand by his original
agreement. Why fly all the way to Austin and pay a high priced mediator to hammer out a
perfectly good agreement if you were never going to sign the agreement anyway?
Perry is the only person Mr. Shea listens to. That much is clear. So, I have to blame Perry for
allowing Mr. Shea to "change his mind" about the domain name issue without providing me with
any legal reasons for doing so.
Perry is a smart attorney. He should know by now that you can't offer somebody something (and
actually agree to it) and then take it back without offering something in its place. That's called
Negotiation 101.
I wish I could give you your extension, but for the above reasons, I must decline.
If there were a family emergency, or a medical emergency, I would of course agree.
Hope you understand.
Dan

On Mon, Aug 8, 2011 at 2:03 PM, <[e-mail]> wrote:
Hi Dan,

Our reply brief is currently due this Friday. Would you please agree to give us an additional five
days to file this brief, so that our deadline is now Wednesday, 8/17? I will prepare the stip for
your signature if that is OK. Thanks!
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Jennifer L. Barry | LATHAM & WATKINS LLP | 600 West Broadway, Suite 1800
San Diego, CA 92101 | DD: 619-238-3024 | F: 619-696-7419 | [e-mail]

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