Pacer: EDIG v. Western Digital Corporation-Extend time to respond (resolution?)
in response to
by
Message: as for me, I will continue to pray for justice for EDIG and the patents
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.
Western Digital Corporation,
Defendant.
Case No. 3:13-cv-02910-H-BGS
PLAINTIFF E.DIGITAL
CORPORATION’S UNOPPOSED
EX PARTE
MOTION TO
EXTEND TIME FOR
DEFENDANT TO RESPOND TO
THE COMPLAINT UNTIL
MARCH 10, 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 Western Digital Corporation (“Defendant”) to respond to the
Complaint (“Complaint”). (Docket #1). Plaintiff filed a Complaint in this action
against the Defendant 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 16, 2014. (
See, Dkt #10). Defendant’s response to the Complaint is
currently due on or before February 6, 2014.
II. BASIS FOR REQUEST FOR EXTENSION
Counsel for the Defendant has indicated that the Defendant needs additional
time to review the Complaint 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 Complaint 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 Complaint until March 10, 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 29, 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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