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

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

Document 7

Filed 04/18/2008

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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 04/18/2008

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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; 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 of the settlement (but are still negotiating issues such 14 as attorneys' fees to class counsel and the payment of incentive awards to the named 15 plaintiffs). 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 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

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

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Filed 04/18/2008

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

2 further extending TACP's time to answer, move against or otherwise respond to the 3 Complaint to and including May 27, 2008. 4 5 DATED: April 18, 2008 6 7 8 9 10 11 12 DATED: April 18, 2008 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 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. Respectfully submitted, THE MILLS LAW FIRM By:/s Harry Shulman Harry Shulman Attorneys for Plaintiff Lisa M. Surdam