part of motion to extend time to answer in Korg cs:

BASIS FOR REQUEST FOR EXTENSION

Given that Korg Inc.’s time to respond to the Complaint has been extended to January 28,

2013 by operation of law and that most likely it will be and/or is the lead defendant in this case,

it may conserve judicial resources if the time for all the Defendants to respond to the Complaint

is similarly extended to the same date.

As it currently stands now, all of the Defendants who have been served and/or have

waived service of the summons have different response deadlines with respect to the Complaint

that vary from November 16, 2012 to January 28, 2013.

Further, one or more of the Defendants, to include but not limited to Sam Ash Music

Corporation and/or J & R Electronics may or does require an extension of time due to the

unforeseen circumstances caused by, among other things, Hurricane/Storm “Sandy.”

Additionally, to date, counsel for Korg Inc./Korg USA Inc., and Sweetwater have

indicated a 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.

With the above in mind, Plaintiff seeks an extension of time for all the Defendants to

respond to the Complaint not for delay, but to permit the parties an opportunity to resolve

Plaintiff’s claims without the need for further litigation.

Additionally, Plaintiff also wants to avoid duplication of motions, hearings, and/or

conferences if possible by having the same deadline by which the Defendants in this case will

have to respond to the Complaint. This will serve to streamline thi