Tafas v. Dudas et al

Filing 108

UNOPPOSED MOTION and Memorandum in Support of Unopposed Motion for Amendment of Summary Judgment Briefing Schedule and Request for Expedited Consideration by Triantafyllos Tafas. (Attachments: # 1 Proposed Order)(Baden-Mayer, Joanna) Modified on 12/19/2007 to reflect the title of docket entry (klau, ).

Tafas v. Dudas et al

Doc. 108

Case 1:07-cv-00846-JCC-TRJ

Document 108

Filed 12/18/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA (Alexandria Division)

TRIANT AFYLLOS T AF AS,

Plaintiff,
v.

CIVIL ACTION: 1:07cv846 (JCC/TRJ) and Consolidated Case

JON W. DUDAS, in his offcial capacity as UnderSecretary of Commerce for InteIlectual Property and
Director of the United States Patent and Trademark Offce, and the UNITED STATES PATENT AND

TRADEMARK OFFICE,
Defendants.

UNOPPOSED MOTION AND MEMORANDUM IN SUPPORT OF UNOPPOSED MOTION FOR AMENDMENT OF SUMMARY JUGMENT BRIEFING SCHEDULE AN REQUEST FOR EXPEDITED CONSIDERATION
Plaintiff

Triantaf)dlos Tafas ("Tafas"), by the undersigned counsel, hereby requests that the Court

modifY paragraph 1 of Magistrate Thomas Rawles Jones, Jr.'s Amended Scheduling Order dated

December 5, 2007 so as to increase the page limitation for Tafas on the initial summary judgment brief

from a maximum of 40 pages to a maximum of 50 pages. Defendants Jon W. Dudas and the United
States Patent and Trademark Office ("Defendants") and plaintiff GSK do not oppose the relief sought
herein.

Tafas seeks this modest increase in the page limitation because Tafas has substantially more
claims that need to be briefed than the other plaintiff (i. e., GSK) including, without limitation,

approximately twice as many statutory claims (ie., 16), three (3) constitutional claims, as well as a
Regulatory Flexibility Act claim. In addition to arguments on all of

these claims, Local Rule 56(B)

requires Tafas to include within the summary judgment brief a statement of all undisputed facts -- further
cutting into the room afforded for legal argumentation and, if not modified, seriously impairing Tafas' ability to successfully prosecute all of his claims to final judgment.

Dockets.Justia.com

Case 1:07-cv-00846-JCC-TRJ

Document 108

Filed 12/18/2007

Page 2 of 2

Tafas requests expedited treatment of

this Motion given that the summary judgment fiing

deadline is Thursday, December 20,2007.

NOW THEREFORE, for all the foregoing reasons, Tafas respectfully requests that the Court
modifY Paragraph 1 of

the Amended Order dated December 5, 2007 (per Hon. Thomas Rawles Jones, Jr.)
not to exceed 50 pages.

so as to permit Tafas to file an initial summary judgment brief

Dated: December 18, 2007

Respectfully Submittd,

Isl Joanna Baden-Mayer Joanna Baden-Mayer (VSB # 67920)
KELLEY DRYE & WARRN LLP

Washington Harbour, Suite 400 3050 K Street, NW Washington, DC 20007
Telephone: [phone]
Facsimile: [phone]

E-mail: ibaden-mayer~kelleydrye.com

Counsel for Plaintif Triantafyllos Tafas

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