PACER (Vivitar Settlement Pending)

Posted by: silversurfer on October 21, 2008 02:36PM

PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF

TIME TO RESPOND TO DEFENDANT’S MOTION TO WITHDRAW AS COUNSEL

Plaintiff/CounterDefendant e.Digital Corporation (“eDigital”) requests a one week extension of time to file a response to the Motion to Withdraw as Attorney of Record filed by Defendant/CounterPlaintiff, Vivitar Corporation (“Vivitar”) (Rec. Doc. 46). Vivitar filed its Motion to Withdraw as Attorney of Record (Rec. Doc. 46) on October 7, 2008. The response of Plaintiff/CounterDefendant e.Digital Corporation is due to be filed on or by October 22, 2008. The Parties are engaged in attempts to work out a settlement. Accordingly, eDigital respectfully requests a one week extension of time, until October 29, 2008, to file its opposition to Vivitar’s Motion to Withdraw as Attorney of Record. This Motion is not filed for, and will not result in, any delay. Further, this Motion is unopposed. A proposed Order is enclosed.

Dated: October 21, 2008 Respectfully submitted,

By: /s/ Gary R. Maze______________

Gary R. Maze

State Bar No. 00792678

Wesley W. Yuan

State Bar No. 24042434

Duane Morris LLP

3200 Southwest Freeway, Suite 3150

Houston, Texas 77027

Telephone: (713) 402-3900

Facsimile: (713) 402-3901

Email: grmaze@duanemorris.com

Email: wwyuan@duanemorris.com

L. Norwood Jameson

GA State Bar No. 003970

Matthew S. Yungwirth

GA State Bar No. 783597

Duane Morris LLP

1180 West Peachtree Street, Suite 700