MY FIRST BIKE PRODUCTIONS, INC. v. MYSPACE, INC. et al
Doc. 15
Case 1:07-cv-00459-RLY-TAB
Document 15
Filed 05/16/2007
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS, INDIANA
MY FIRST BIKE PRODUCTIONS, INC., ) an Indiana corporation ) ) Plaintiff ) ) v. ) ) ) MYSPACE, INC., a Delaware corporation, ) d/b/a Myspace.com, ) DIRECTV, INC., a California corporation ) FOX INTERACTIVE MEDIA, INC., ) a Delaware corporation ) ) Defendants. )
Cause No. 1:07-cv-00459-RLY-TAB
MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS Plaintiff, My First Bike, Inc. ("My First Bike"), by counsel, hereby files its Motion for Extension of Time to Respond to Defendants' Motion to Dismiss against Defendants MySpace, Inc., Directv, Inc., and Fox Interactive Media, Inc. (collectively, "Defendants") and in support thereof, states as follows: 1. My First Bike filed its complaint on March 7, 2007, in Marion Superior Court in
Indianapolis, Indiana. 2. 3. 4. The Defendants removed this case to the Court on April 13, 2007. The Defendants filed their Motion to Dismiss on April 23, 2007. My First Bike's response to the Motion to Dismiss was due on May 11, 2007.
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Case 1:07-cv-00459-RLY-TAB
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5.
My First Bike's counsel has been in discussions with counsel for the Defendants
to transfer this case to a U.S. District Court in California and the parties have agreed in principal to so transfer this case. 6. My First Bike requires an additional thirty (30) days to determine precisely which
District Court in California to which to transfer this case. 7. Plaintiff requests a minimal extension, up to and including June 18, 2007, in
which to respond to the Motion to Dismiss, however, it expects to have entered into an agreement with Defendants to transfer this case to a District Court sitting in California. 8. 9. An agreed transfer of this case will render Defendants' Motion to Dismiss moot. Allowing Plaintiff additional time to respond to the Motion to Dismiss would not
cause prejudice to the Defendants or interests of efficient judicial administration. 10. Undersigned counsel has communicated that he intended to seek this enlargement
but has received no response from counsel for Defendants. 11. This Motion is made out of necessity and not for purposes of delay.
WHEREFORE, Plaintiff, My First Bike, Inc., by counsel, respectfully requests this Court for an extension of time up to and including June 18, 2007, in which to answer or otherwise respond to the Defendants’ Motion to Dismiss. Respectfully submitted, DANN PECAR NEWMAN & KLEIMAN Professional Corporation
By:
/s/ Mark R. Waterfill Mark R. Waterfill #10935-49
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Case 1:07-cv-00459-RLY-TAB
Document 15
Filed 05/16/2007
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DANN PECAR NEWMAN & KLEIMAN, P.C. One American Square, Suite 2300 Indianapolis, Indiana 46282 (317) 632-3232 – Telephone (317) 632-2962 – Facsimile mwaterfill@dannpecar.com
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been served upon the following by electronic means via the digital document delivery system established by this Court on this 16th day of May, 2007: Craig E. Pinkus Paul D. Vink BOSE MCKINNEY & EVANS, LLP 135 North Pennsylvania Street Suite 2700 Indianapolis, IN 46204 David R. Singer Richard L. Stone HOGAN & HARTSON LLP 1999 Avenue of the Stars, #1400 Los Angeles, CA 90067 /s/ Mark R. Waterfill__________________ Mark R. Waterfill #10935-49
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