Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:07-cv-02401-W-CAB

Document 6

Filed 01/22/2008

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Phillip L. Kossy, State Bar No. 71543 Micah Parzen, State Bar No. 222559 Liseanne R. Kelly, State Bar No. 211782 LUCE, FORWARD, HAMILTON & SCRIPPS LLP 600 West Broadway, Suite 2600 San Diego, California 92101-3372 Telephone No.: 619.236.1414 FaxNo.: 619.232.8311
Attorneys for Defendant ROBERT WALDER

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v.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

AMERICAN DIAGNOSTIC MEDICINE, INC.,
Plaintiff,

Case No. 07cv2401 W (CAB)
JUDGE: Hon. Thomas J. Whelan CTRM: 7 DEFENDANT ROBERT WALDER'S EX PARTE APPLICATION FOR AN EXTENSION OF TIME TO FILE RESPONSIVE PLEADING

ROBERT WALDER, PAUL KAPLAN, and DOES 1 through 100, Inclusive, Defendants.

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Defendant ROBERT WALDER ("Walder") hereby applies to the Court exparte for an Order extending the time to file a responsive pleading to the Complaint. The undersigned counsel has advised counsel for Plaintiff and Co-defendant Kaplan that such an exparte request will be made to this Court. Counsel for plaintiff has indicated no opposition thereto. Counsel for Kaplan has not responded to the message regarding the exparte application as of the time of the filing of this application. Additionally, Defendant Walder will electronically serve Plaintiff and Co Defendant Kaplan pursuant to Chamber Rules. See Declaration of Liseanne Kelly filed in support of this exparte application. Defendant has not sought or obtained any previous extensions of time. Currently, Defendant Walder's responsive pleading is due Friday, January 25, 2008. Such an extension, pursuant to FRCP 6(b), is timely and is necessary to allow additional time to prepare a responsive

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07cv2401 W (CAB)

Case 3:07-cv-02401-W-CAB

Document 6

Filed 01/22/2008

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pleading for the following reasons: 1. Defendant Walder has requested from Plaintiff an extension of time to respond to

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the Complaint as settlement discussions have been ongoing; however, Plaintiff refused to voluntarily grant such an extension. 2. Attorney Micah Parzen who has been representing Defendant Walder began a

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one-month paternity leave on Friday, January 18. 3. The firm of Luce Forward was retained on Tuesday, January 22, to handle the

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pending litigation and was previously only retained to engage in settlement discussions. 4. The responsive pleading will likely include an Answer as well as a counter claim.

Defendant Walder needs additional time to research the basis for and prepare such responsive pleadings and is hopeful that such pleadings should not be necessary in the event his response to Plaintiffs settlement proposal concludes this matter. Defendant respectfully requests that the Court grant Defendant Walder an additional twenty (20) days by which to file a responsive pleading. DATED: January 22, 2008 Respectfully submitted, LUCE, FORWARD, HAMILTON & SCRIPPS LLP

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By: sI Liseanne R. Kelly Attorneys for Defendant email: Lkellyluce.com

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101067289.1

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