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Message: e.Digital Corporation v. Team Group Inc - ENE
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

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