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

Case 3:07-cv-02209-L-WMC

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Filed 12/12/2007

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GREGORY P. STONE (State Bar No. 78329) Email: [email protected] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, Thirty-Fifth Floor Los Angeles, California 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 ROSEMARIE T. RING (State Bar No. 220769) Email: [email protected] MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Attorneys for Defendants MICROSOFT CORPORATION BUNGIE, L.L.C.

ANDREW S. FRIEDMAN Email: [email protected] GARRETT W. WOTKYNS Email: [email protected] BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. 2901 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 TODD CARPENTER Email: [email protected] 501 West Broadway Suite 1450 San Diego, CA 92101 Telephone: (415) 512-4000 Attorneys for Plaintiff RANDY NUNEZ, on Behalf of Himself, and All Others Similarly Situated

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

RANDY NUNEZ, on Behalf of Himself, and All Others Similarly Situated, Plaintiffs,

CASE NO. 07 CV 2209 L (WMC) JOINT MOTION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT

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MICROSOFT CORPORATION, a Washington corporation, and BUNGIE, L.L.C., a Delaware Limited Liability Company, Defendants.

CASE NO. 07 CV 2209 L (WMC)

Case 3:07-cv-02209-L-WMC

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Filed 12/12/2007

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WHEREAS, defendant Bungie L.L.C. has not yet retained counsel to represent it in this matter, but has agreed that counsel for defendant Microsoft Corporation may represent it at this time for the limited purpose of obtaining the relief requested in this stipulation; WHEREAS, the Complaint in this matter was filed on November 20, 2007; WHEREAS, defendant Microsoft Corporation was served with the Summons and Complaint on November 21, 2007, the day before Thanksgiving; WHEREAS defendant Bungie L.L.C. was served with the Summons and Complaint on November 26, 2007; WHEREAS, pursuant to FRCP 12(a)(1)(A), defendant Microsoft Corporation has only until December 11, 2007, to answer or otherwise respond to the Complaint; WHEREAS, the parties have agreed that allowing additional time to investigate the facts and issues arising from the matters set forth in the Complaint is appropriate and will facilitate a more efficient and effective presentation of the case; WHEREAS, plaintiff has agreed, subject to the approval of this Court, to extend the time within which defendants must answer or otherwise respond to the complaint to and including January 11, 2008; WHEREAS, defendants have agreed that, in the event that either defendant moves to dismiss the Complaint, plaintiff shall have until and including February 8, 2008 to file a brief in opposition to that motion, NOW THEREFORE, plaintiff and defendants, through their respective counsel of record, hereby stipulate to and seek Court approval of the following: Pursuant to Civil L.R. 12.1, defendants shall have until and including January 11, 2008 to answer or otherwise respond to the Complaint. In the event that either defendant moves to

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CASE NO. 07 CV 2209 L (WMC)

Case 3:07-cv-02209-L-WMC

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Filed 12/12/2007

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dismiss the Complaint, plaintiff shall have until and including February 8, 2008 to file a brief in opposition to that motion. Pursuant to Local Rule ECF 2(f)(4), I, Rosemarie T. Ring, certify that I obtained authorization from Todd D. Carpenter for his electronic signature on this document following his review and acceptance of its contents. DATED: December 12, 2007 MUNGER, TOLLES & OLSON LLP

By: s/ Rosemarie T. Ring ROSEMARIE T. RING [email protected] Attorney for Defendant MICROSOFT CORPORATION and appearing specially on behalf of Defendant BUNGIE, L.L.C. for the purpose of entering into this Stipulation BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.

By: s/ Todd D. Carpenter TODD D. CARPENTER [email protected] Attorneys for Plaintiff RANDY NUNEZ, on Behalf of Himself, and All Others Similarly Situated

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CASE NO. 07 CV 2209 L (WMC)