Dazzlesmile et al v. Epic Advertising et al

Filing 47

Stipulated MOTION for Extension of Time to File Answer to First Amended Complaint filed by Defendant Epic Advertising. (Attachments: # 1 Text of Proposed Order for Extension of Time to Answer)(Saber, R.)

Lee Saber (11020) VANCOTT BAGLEY CORNWALL & MCCARTHY, P.C. 36 South State Street, Suite 1900 Salt Lake City, Utah 84111-1478 Telephone: [phone] Facsimile: [phone] Attorney for Defendant Epic Advertising, Inc.

IN THE UNITED STATES DISTRICT COURT DISTRICTOF UTAH, CENTRAL DIVISION DAZZLESMILE, LLC, a Utah limited liability company, and OPTIMAL HEALTH SCIENCE, LLC a Utah limited liability company, Plaintiff, vs. EPIC ADVERSTISING, INC., a purported Delaware corporation, AKA AZOOGLE.COM, INC., AKA, AZOOGLEADS US INC., and AKA EPIC/AZOOGLE; AZOOGLE.COM, INC. a Delaware Corporation; AZOOGLEADS US, INC., a non-public Delaware corporation; FAREND SERVICES LIMITED, a Cyprus registered company; JESSE DAVID WILLMS, an individual; 1021018 ALBERTA LTD, a Numbered Alberta Canadian Corporation AKA JUST THINK MEDIA; ATLAST HOLDINGS, INC., a Colorado corporation, d/b/a ATLAST FULFILLMENT; NEVERBLUE MEDIA, INC., a Canadian corporation; GOOGLE, INC., a Delaware corporation, YAHOO! INC., a Delaware corporation; MICROSOFT CORPORATION, a Washington corporation; and DOES 1-10, Defendant. Case No. 2:09-cv-1043 Magistrate Judge Paul M. Warner

STIPULATED MOTION TO EXTEND TIME FOR DEENDANT EPIC ADVERTISING, INC. TO RESPOND TO FIRST AMENDED COMPLAINT

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Pursuant to Federal Rule of Civil Procedure 6(b), Defendant Epic Advertising, Inc. ("Defendant") and Plaintiff Dazzlesmile, LLC and Optimal Health Science, LLC ("Plaintiff) by and through their respective counsel of record, hereby submit this Stipulated Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint. Plaintiffs filed a Complaint on November 23, 2009. Defendant's response to the Complaint was due April 13, 2010. Plaintiffs filed a First Amended Complaint on March 22, 2010. The parties are currently engaged in good faith settlement negotiations and expect to reach a settlement of this matter in the near future. The parties have met and conferred and agree that an extension of time for Defendant to respond to the First Amended Complaint is appropriate. Accordingly, the Plaintiff and Defendant jointly request that the Court enter an Order extending the date to answer, respond, or otherwise object to the First Amended Complaint to and including May 21, 2010 substantially in the form of the Proposed Order attached hereto.

DATED: May 6th , 2010

Fabian & Clendenin By: /s/ Jason Hardin__________ Jason W. Hardin
(e-signature by filing party with permission)

Attorneys for Plaintiffs, Dazzlesmile, LLC & Optimal Health Sciences, LLC DATED: May 6th , 2010

VanCott Bagley Cornwall & McCarthy, P.C. By: /s/ Lee Saber_______________ Lee Saber Attorney for Defendant Epic Advertising, Inc.

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SLCDOCS 426856v.1

Certificate of Service I hereby certify that on this 6th day of May, 2010, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which sent notification of such filing to the following:

Jason W. Hardin Philip D. Dracht FABIAN & CLENDENIN 215 South State Street, Suite 1200 Salt Lake City, UT 84111-2323 [e-mail] [e-mail]

Sarah J. Beck 299 South Main Street, 13th Floor Salt Lake City, UT 84111-1919 [e-mail]

____/s/ Lee Saber

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