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

Case 3:08-cv-00197-H-POR

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Filed 05/21/2008

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GREENBERG TRAURIG, LLP GREGORY A. NYLEN (SBN 151129) 2450 Colorado Avenue, Suite 400E Santa Monica, California 90404 Telephone: (310) 586-7700 Facsimile: (310) 586-7800 Email: [email protected] PHILIP R. SELLINGER (SBN 226468) 200 Park Avenue Florham Park, NJ 07932 Telephone: (973) 360-7900 Facsimile: (973) 301-8410 E-Mail: [email protected] Attorneys for Defendant Toshiba America Consumer Products, L.L.C.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

LISA M. SURDAM, on behalf of herself and all other similarly situated California residents, Plaintiff, vs. TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C., and DOES 110, Defendants.

CASE NO. 08 CV 0197 H POR JOINT MOTION TO EXTEND DEFENDANT TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C.'S TIME TO ANSWER OR MOVE AGAINST COMPLAINT

JOINT MOTION TO EXTEND DEFENDANT TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C.'S TIME TO ANSWER OR MOVE AGAINST COMPLAINT

Case 3:08-cv-00197-H-POR

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Filed 05/21/2008

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WHEREAS, plaintiff Lisa M. Surdam filed, but did not serve, the Class Action WHEREAS, defendant Toshiba America Consumer Products, L.L.C. ("TACP")

2 Complaint (the "Complaint") in this action on February 1, 2008; 3

4 agreed to accept service of the Complaint through its counsel, Greenberg Traurig, LLP, 5 as of February 4, 2008; 6

WHEREAS, pursuant to Joint Motions of the parties, this Court first extended

7 TACP's time to answer, move against or otherwise respond to the Complaint to and 8 including March 25, 2008, and then to April 25, 2008 and May 27, 2008, respectively; 9

WHEREAS, counsel for the parties have been engaged in global settlement

10 negotiations of a putative class action arising from the same facts and circumstances of 11 this action, styled Ersler v. Toshiba Am., Inc., Civ. Act. No. 07-2304 (E.D.N.Y.), as to 12 which plaintiff is a member of the putative class, and have reached an agreement in 13 principle as to the substantive terms and general notice provisions of the settlement 14 (but are still negotiating issues such as attorneys' fees to class counsel and the payment 15 of incentive awards to the named plaintiffs, and on May 21, 2008, requested a settlement 16 conference with the Court). 17

NOW THEREFORE, the parties hereby jointly move this Court for an Order

18 further extending TACP's time to answer, move against or otherwise respond to the 19 Complaint to and including June 27, 2008. 20 21 DATED: May 21, 2008 22 23 24 25 26 27 28 1 JOINT MOTION TO EXTEND DEFENDANT TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C.'S TIME TO ANSWER OR MOVE AGAINST COMPLAINT

Respectfully submitted, GREENBERG TRAURIG, LLP By: s/ Gregory A. Nylen Gregory A. Nylen Attorneys for Defendant Toshiba America Consumer Products, L.L.C.

Case 3:08-cv-00197-H-POR

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1 DATED: May 21, 2008 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Respectfully submitted, THE MILLS LAW FIRM By: s/Harry Shulman Harry Shulman Attorneys for Plaintiff Lisa M. Surdam

2 JOINT MOTION TO EXTEND DEFENDANT TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C.'S TIME TO ANSWER OR MOVE AGAINST COMPLAINT