Message: Pacer:EDIG & Verbatium agree extend time for extensive settlement discussions !
18
Mar 21, 2014 10:54AM
ANTON HANDAL (Bar No. 113812)
anh@handal-law.com
PAMELA C. CHALK (Bar No. 216411)
pchalk@handal-law.com
GABRIEL HEDRICK (Bar No. 220649)
ghedrick@handal-law.com
HANDAL & ASSOCIATES
1200 Third Avenue, Suite 1321
San Diego, California 92101
Tel: 619.544.6400
Fax: 619.696.0323
Attorneys for Plaintiff
e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Verbatim Americas, LLC,
Defendant.
Case No. 3:13-cv-02943-H-BGS
PLAINTIFF E.DIGITAL
CORPORATION’S SECOND
UNOPPOSED EX PARTE
MOTION TO EXTEND TIME
FOR DEFENDANT TO
RESPOND TO THE
COMPLAINT UNTIL APRIL 21,
2014 OR WHATEVER DATE
THE COURT DEEMS JUST AND
REASONABLE UNDER THE
CIRCUMSTANCES
DEMAND FOR JURY TRIAL
Assigned to the Honorable
Judge Marilyn L. Huff
Courtroom 15A (Annex)
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF CALIFORNIA:
Pursuant to Local Civil Rule 12.1 and 7.2, Plaintiff e.Digital Corporation
(“Plaintiff”) hereby presents this ex parte motion for an order extending the time
for Defendant Verbatim Americas, LLC (“Defendant”) to respond to the
Complaint (“Complaint”). (Dkt #1). Plaintiff filed a Complaint in this action
against the Defendant on or about December 6, 2013. (Dkt #1). Defendant has not
appeared or otherwise responded to the Complaint in this case to date. It is
anticipated that this motion is unopposed.
A previous motion for an extension of time was filed on January 23, 2014.
(Dkt #11). The Court granted the motion on or about January 28, 2014 and
provided that the Defendant could have until March 20, 2014 to respond to the
Complaint. (Dkt#12).
I. THE STATUS OF SERVICE UPON THE DEFENDANT
Plaintiff has served the Summons and Complaint upon Defendant on or
about January 13, 2014. (See, Dkt #10). Defendant’s response to the Complaint is
currently due on or before March 20, 2014.
II. BASIS FOR REQUEST FOR EXTENSION
The parties have been engaged in extensive settlement discussions in an
effort to resolve the case. Time is needed for the parties to further discuss the
possible resolution of this matter. Defendant has specifically requested that
Plaintiff seek the extension requested herein so that, among other things, the
parties may further discuss settlement and determine whether this matter can be
resolved in its entirety. 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.
With the above in mind, Plaintiff seeks an extension of time for Defendant
to respond to the Complaint not for delay, but to, among other things, permit the
parties an opportunity to resolve Plaintiff’s claims without the need for further
litigation.
III. CONCLUSION
Accordingly, Plaintiff respectfully request that Defendant be provided an
extension of time to respond to the Complaint until April 21, 2014 or whatever
date the Court deems just and reasonable under the circumstances.
Case 3:13-cv-02943-H-BGS Document 13 Filed 03/19/14 Page 2 of 4
EX PARTE MOTION TO EXTEND TIME FOR DEFENDANT
TO RESPOND TO COMPLAINT CASE NO. 3:13-CV-02943-H-BGS -3-
HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Pursuant to Local Civil Rule 7.2, Plaintiff will separately submit a Proposed
Order granting the relief requested.
Dated: March 19, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
e.Digital Corporation
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