Pacer:Appeal-EDIG unopposed motion to extend time to file its principal brief
in response to
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Mar 06, 2014 07:35PM
03/06/2014 | 13 |
MOTION of Appellant e.Digital Corporation to extend the time to 03/31/2014 at 11:59 pm to file the appellant/petitioner's principal brief. Response/Opposition is due 03/20/2014 [Consent: unopposed]. Service: 03/06/2014 by US mail, email. [140173]
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT E.DIGITAL CORPORATION, Plaintiff-Appellant, v. WOODMAN LABS, INC. Defendant-Appellee, APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA IN CASE NO. 3:12-CV-02899-DMS-WVG THE HONORABLE JUDGE DANA M. SABRAW PLAINTIFF AND APPELLANT E.DIGITAL CORPORATION’S UNOPPOSED MOTION TO EXTEND TIME TO FILE ITS PRINCIPAL BRIEF Anton N. Handal (SBN 113812) Pamela C. Chalk (SBN 216411) Handal & Associates 1200 Third Avenue Suit 1321 San Diego, CA 92101 (619)544-6400 Counsel for Plaintiff-Appellant, e.Digital Corporation March 6, 2014 CERTIFICATE OF INTEREST (Fed. Cir. R. 47.4)
Counsel for Plaintiff-Appellant e.Digital Corporation certifies the following: The full name of every party or amicus represented by me is: e.Digital Corporation. e.Digital Corporation is the real party in interest. No parent company owns e.Digital Corporation and no publicly held company owns 10 percent or more of the stock of e.Digital Corporation. The names of all law firms and the partners or associates that appeared for e.Digital Corporation in the District Court or are expected to appear in this Court are: Anton N. Handal, Pamela C. Chalk and Gabriel G. Hedrick, all of Handal & Associates. Respectfully submitted.
HANDAL & ASSOCIATES Pursuant to Federal Rule of Appellate Procedure 26(b) and Federal Circuit Rule 26(b), Plaintiff and Appellant e.Digital Corporation (“Appellant”) respectfully moves for a fourteen (14) day extension of time, to and including March 31, 2014, in which to file its opening brief. Defendant and Appellee Woodman Labs, Inc. (“Appellee”) has stated that it will not oppose such an extension of time. No previous extension of time has been sought regarding Appellant’s opening brief nor has any previous extension of time regarding Appellant’s opening brief been granted. Good cause exists for granting this motion. Among other things, the Appellee in this matter has indicated that it intends to move to consolidate and/or coordinate this appeal with one or more of the following other Related Matters:
• e.Digital Corporation v. Pantech Wireless, Inc. (District Court
Case No. 3:13-cv-23-DMS-WVG); date of docketing 1/15/2014; Fed. Cir. Case Number 14-1242;
• e.Digital Corporation v. Futurewei Technologies, Inc., et al.,
(District Court Case No. 3:13-cv-783-DMS-WVG); date of docketing 10/10/2013; Fed. Cir. Case Number 14-1019; and/or,
• e.Digital Corporation v. ZTE Corporation, (District Court Case
No. 3:13-cv-782-DMS-WVG); date of docketing 1/15/2014; Fed. Cir. Case Number 14-1239. While Appellant anticipates opposing such a motion, if the motion is
Case: 14-1243 Document: 13 Page: 3 Filed: 03/06/2014
3 granted, then most likely the briefing and/or proceedings in this matter will be coordinated and/or consolidated in total or in part with those of one or more of the Related Matters. Currently, Appellant’s opening brief in this matter is due on March 17, 2014. Appellant respectfully moves for a fourteen (14) day extension of time so that its principal brief will be due on March 31, 2014. No response to this motion is anticipated to be filed by the Appellee. For the forgoing reasons, Appellant respectfully requests that this motion be granted and that Appellant be allowed until and including March 31, 2014 in which to file its principal brief. Dated: March 6, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk_________________ Pamela C. Chalk Handal & Associates 1200 Third Avenue Suite 1321 San Diego, CA 92101 Tele: (619)544-6400 Fax: (619)696-0323 Email: pchalk@handal-law.com Attorneys for Plaintiff and Appellant e.Digital Corporation Case: 14-1243 Document: 13 Page: 4 Filed: 03/06/2014
Dated: March 6, 2014 By: /s/Pamela C. Chalk Pamela C. Chalk
Counsel for Plaintiff-Appellant e.Digital Corporation UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT E.DIGITAL CORPORATION V. WOODMAN LABS, INC. CASE NUMBER: 14-1243 CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the following document was caused to be served on the attorneys of record at the following address on March 6, 2014 via electronic mail and regular mail: 1. Plaintiff And Appellant e.Digital Corporation’s Unopposed
Motion To Extend Time To File Its Principal Brief VIA EMAIL AND REGULAR MAIL
msacksteder@fenwick.com cchang@fenwick.com bkohm@fenwick.com
Michael J. Sacksteder, Esq. Carolyn Chang, Esq. Bryan Kohm, Esq. Fenwick & West LLP 555 California Street, 12 th Floor
San Francisco, CA 94104 Tel: 415.875.2300; Fax: 415.281.1350 Attorneys and Counsel of Record for Defendant/Appellee: Woodman Labs, Inc. dba GoPro I declare that I am a member of the bar of this Court. I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct. Dated: March 6, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk_________________ Pamela C. Chalk |