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Re: OT: Status Conference Outcome -- IBM asks for more timeFiled yesterday (docket #115), Judge Seibel granted the request (docket #116). ----- Dear Judge Seibel: I write on behalf of Defendants in the above-captioned matter, regarding the motion to dismiss and motion for summary judgment that the Court has authorized Defendants to file (the “Motions”). The parties agreed to bundle their motion papers, consistent with the Court’s suggestion at the January 17 conference. (See ECF No. 111.) Pursuant to the Court’s January 17 Minute Entry, Defendants served their Motions on January 27, and Plaintiff served its oppositions to the Motions on February 17. Defendants respectfully request a one-week extension of time to file their replies in support of the Motions. With the requested extension, the reply papers—originally due on Monday, February 27—would be due on Monday, March 6. Plaintiff’s opposition briefs and accompanying documents span more than one hundred pages, not including the numerous new exhibits Plaintiff cited in opposition to Defendants’ motion for summary judgment. Accordingly, Defendants believe that a modest one-week extension on Defendants’ time to submit their replies (and file the full set of papers) is appropriate here. This request is made in good faith and not for the purpose of delay, and no party to this proceeding will be prejudiced. This is Defendants’ first request for an extension of time relating to the Motions. Plaintiff consents to this request for an extension of time. Respectfully submitted, David R. Marriott |
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