Free Motion to Continue - District Court of California - California

Case 3:08-cv-00655-WQH-LSP

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Filed 06/26/2008

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1 Alan Himmelfarb (Cal. Bar. No. 90480) KAMBEREDELSON, LLC 2 2757 Leonis Blvd. Los Angeles, CA 90058 3 (323) 585-8696 [email protected] 4 Jay Edelson 5 Ethan Preston KAMBEREDELSON, LLC 6 The Monadnock Building 53 West Jackson, Suite 550 7 Chicago, IL 60604 (312) 589-6370 8 Karin E. Fisch 9 Orin Kurtz ABBEY SPANIER RODD & ABRAMS, LLP 10 212 East 39th Street New York, NY 10016 11 (212) 889-3700 12 Counsel for Plaintiff 13 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA No. 08cv655-WQH(LSP) JOINT MOTION PURSUANT TO CIVIL LOCAL RULE 7.2 FOR CONTINUANCE OF QUALCOMM INCORPORATED'S MOTION TO DISMISS

15 JESSE MEYER, an individual, on his own behalf and on behalf of all similarly situated, 16 Plaintiff, 17 v. 18 QUALCOMM INCORPORATED, a 19 Delaware corporation, 20 21 22 Defendant.

Plaintiff Jesse Meyer ("Meyer"), in accordance with Civil Local Rule 7.2, jointly moves

23 the Court with Defendant QUALCOMM Incorporated ("Qualcomm") to enter an Order 24 continuing Qualcomm's Motion to Dismiss Meyer's Class Action Complaint ("Complaint") 25 until July 28, 2008. Pursuant to ordinary operation of Civil Local Rule 7.1(e)(2), this will 26 extend Meyer's time for filing his Opposition to Qualcomm's Motion to July 14, 2008. In 27 support of this joint motion, Meyer states as follows: 1. Meyer filed and served his Complaint on Qualcomm on Friday, April 11, 28
Joint Motion for Continuance No. 08cv655-WQH(LSP)

Case 3:08-cv-00655-WQH-LSP

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2008. 2. on May 1, 2008. 3. Meyer filed his sixteen-page Opposition to Qualcomm's Motion to Transfer Qualcomm filed a Motion to Transfer this case to the District of New Jersey

on May 19, 2008. 4. 5. Qualcomm filed its Motion to Dismiss on June 2, 2008. Pursuant to Civil Local Rule 7.1(e)(2), Meyer's Opposition to Qualcomm's

Motion to Dismiss is currently due on June 30, 2008. 6. Complications arising from a motion for preliminary approval of a settlement

under Rule 23(e) before another court have greatly reduced and restricted the time for the attorneys tasked with drafting the Meyer's Opposition to Qualcomm's Motion to Dismiss to respond to Qualcomm's Motion. 7. If Qualcomm's Motion is continued to July 28, the time Meyer to file his

Opposition to the Motion will be extended by operation of Civil Local Rule 7.1(e)(2) to July 14, 2008. 8. 9. 10. Meyer has not previously requested an extension of time in this case. Qualcomm does not oppose the requested extension of time. This Court has the authority, "for good cause shown," to order an extension

of time "with or without motion or notice." Fed. R. Civ. P. 6(b)(1)(A). WHEREFORE, for good cause shown, Meyer respectfully requests the Court to enter an Order continuing Qualcomm's Motion to Dismiss Meyer's Complaint ("Complaint") until July 28, 2008 and, pursuant to the ordinary operation of Civil Local Rule 7.1(e)(2), extending Meyer's time for filing his Opposition to Qualcomm's Motion to July 14, 2008. June 26, 2007 By: s/Alan Himmelfarb Alan Himmelfarb (Cal. Bar. No. 90480) KAMBEREDELSON, LLC 2757 Leonis Blvd. Los Angeles, CA 90058 (323) 585-8696
Joint Motion for Continuance No. 08cv655-WQH(LSP)

25 Date: 26 27 28

Case 3:08-cv-00655-WQH-LSP

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Joint Motion for Continuance

[email protected] Jay Edelson Ethan Preston KAMBEREDELSON, LLC The Monadnock Building 53 West Jackson, Suite 550 Chicago, IL 60604 (312) 589-6370 Karin E. Fisch Orin Kurtz ABBEY SPANIER RODD & ABRAMS, LLP 212 East 39th Street New York, NY 10016 (212) 889-3700

No. 08cv655-WQH(LSP)

Case 3:08-cv-00655-WQH-LSP

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CERTIFICATE OF SERVICE Pursuant to 28 U.S.C.§ 1746, I hereby certify that I served the Joint Motion Pursuant to Civil Local Rule 7.2 for Continuance of QUALCOMM Incorporated's Motion to Dismiss in the foregoing case upon the parties listed below by causing the foregoing document to be transmitted to the Electronic Filing System in the manner prescribed by the Court's Electronic Case Filing Administrative Policies and Procedures Manual on June 26, 2008: Karl C. Huth Duane L Loft Elizabeth L. Grayer Evan R Chesler Peter T. Barbur Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY 10019 Attorneys for QUALCOMM Incorporated By: s/Alan Himmelfarb ALAN HIMMELFARB

William S Boggs 8 Brian A Foster Christopher James Beal 9 Timothy Scott Blackford DLA Piper Rudnick Gray Cary 10 401 B Street, Suite 1700 San Diego, CA 92101-4297 11 12 Attorneys for QUALCOMM Incorporated 13 Date: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 June 26, 2008