Message: LII
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
H
ANDAL & 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.
Micron Consumer Products Group, Inc.,
dba Lexar,
Defendant.
Case No. 3:13-cv-02907-H-BGS
PLAINTIFF E.DIGITAL
CORPORATION’S UNOPPOSED
EX PARTE
MOTION TO
EXTEND TIME FOR
DEFENDANT TO RESPOND TO
THE FIRST AMENDED
COMPLAINT UNTIL MAY 6,
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 Micron Consumer Products Group, Inc., dba Lexar (“Defendant”) to
respond to the First Amended Complaint (“FAC”). (Dkt #12). Plaintiff filed a
Complaint in this action against the Defendant on or about December 5, 2013.
(Dkt #1). Plaintiff then filed the FAC on or about March 21, 2014. (Dkt #12).
Plaintiff served the First Amended Complaint on or about March 21,
2014. Defendant’s response to the FAC is currently due on or before April 11,
2014. Defendant has not appeared or otherwise responded to the Complaint in this
case to date. It is anticipated that this motion is unopposed.
I. THE STATUS OF SERVICE UPON THE DEFENDANT
Plaintiff has served the Summons and Complaint upon Defendant on or
about January 16, 2014. (
See, Dkt # 9). Defendant’s response to the FAC is
currently due on or before April 11, 2014.
II. BASIS FOR REQUEST FOR EXTENSION
Counsel for the Defendant has indicated that the Defendant needs additional
time to review the FAC in this matter. Time is further needed for the parties to
discuss the possible resolution 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.
With the above in mind, Plaintiff seeks an extension of time for Defendant
to respond to the FAC 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 requests that Defendant be provided an
extension of time to respond to the FAC until May 6, 2014 or whatever date the
Court deems just and reasonable under the circumstances. Pursuant to Local Civil
Rule 7.2, Plaintiff will separately submit a Proposed Order granting the relief
requested.
Dated: April 3, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Pamela C. Chalk
Attorneys for Plaintiff
e.Digital Corporation
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