shaghal
posted on
Dec 13, 2012 11:42AM
Plaintiff filed a Complaint in this action against the Defendants alleging claims of patent
infringement on November 20, 2012. Service of the Summons and Complaint and/or waiver of
the service of Summons has occurred as follows:
1) Shaghal, LTD. dba eMatic: personally served on November 30, 2012.
2) Best Buy Co., Inc.: personally served on November 30, 2012.
3) Best Buy Stores, L.P.: personally served on November 30, 2012.
4) Best Buy.Com LLC: personally served on November 30, 2012.
5) J & R Electronics Inc.: provided an executed waiver of the service of summons
on December 11, 2012.
Pursuant to Rule 12 of the Federal Rules of Civil Procedure, responses to the Complaint
by each of the Defendants are currently due as follows:
1) Shaghal, LTD. dba eMatic: response due on or before December 21, 2012
2) Best Buy Co., Inc.: response due on or before December 21, 2012
3) Best Buy Stores, L.P.: response due on or before December 21, 2012
4) Best Buy.Com LLC: response due on or before December 21, 2012
5) J & R Electronics Inc.: response due on or before January 28, 2013
II. BASIS FOR EXTENSION REQUEST
Given that J & R’s time to respond to the Complaint has been extended to January 28,
2013 by operation of law and all of the Defendants anticipate and/or are going to be represented
by the same counsel in this matter, it may conserve judicial resources if the time for all the
Defendants to respond to the Complaint is similarly extended to the
to the same date.
As it currently stands now, all of the Defendants who have been served and/or have
Case 3:12-cv-02801-CAB-WVG Document 14 Filed 12/12/12 Page 2 of 5JOINT MOTION TO EXTEND DEFENDANTS’
TIME TO RESPOND TO COMPLAINT Case No. 3:12-CV-02801-CAB-WVG
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HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
waived service of the summons have different response deadlines with respect to the Complaint
that vary from December 21, 2012 to January 28, 2013.
Additionally, to date, counsel for the Defendants has indicated a possible willingness to
discuss settlement of this matter. If a resolution can be reached in this matter, most likely such a
resolution would be a global resolution that would resolve this case in its entirety as to all the
parties. Accordingly, the parties need time to determine whether this matter can be settled. The
parties to this Motion thereby wish to have an opportunity to discuss possible resolution of this
matter and need time to do so. Further, some of the Defendants’ response to the Complaint are
due at or around the start of the holiday season when counsel for both sides and/or
representatives of the parties in this matter have set vacations.
The parties seek an extension not for delay, but to permit the parties an opportunity to
review this matter and possibly resolve Plaintiff’s claims without the need for further litigation.