Recent Pacer :e.DIGITAL v. Toshiba -Extension of time to respond (Settlement ?)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Toshiba America Information Systems,
Inc.
Defendant.
Case No. 3:13-cv-02909-H-BGS
PLAINTIFF E.DIGITAL
CORPORATION’S UNOPPOSED
EX PARTE
MOTION TO
EXTEND TIME FOR
DEFENDANT TO RESPOND TO
THE COMPLAINT UNTIL
MARCH 15, 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 Toshiba America Information Systems, Inc. (“Defendant”) to
respond to the Complaint (“Complaint”). (Docket #1). Plaintiff filed a Complaint
Case 3:13-cv-02909-H-BGS Document 11 Filed 01/16/14 Page 1 of 3
EX PARTE MOTION TO EXTEND TIME FOR DEFENDANT
TO RESPOND TO COMPLAINT
CASE NO. 3:13-CV-02909-H-BGS -2-
HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
in this action against the Defendants on or about December 5, 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.
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 February 3, 2014.
II. BASIS FOR REQUEST FOR EXTENSION
Counsel for the Defendant has indicated a willingness to discuss settlement
of this matter. Time is needed for the parties to 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 discuss settlement. 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 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 March 15, 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: January 16, 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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