Escolar Documentos
Profissional Documentos
Cultura Documentos
190
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 1 of 8
Plaintiffs,
vs.
Defendants.
/
Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 7.1, Defendants, PET
SUPPLIES “PLUS” and PET SUPPLIES/PLUS USA, INC. (hereinafter collectively “Pet Supplies
‘Plus’”), respectfully request a ten (10) day extension of time in which to respond to Plaintiffs’/Class
Representatives’ Corrected Amended Class Action Complaint. In support of the instant motion,
1. The undersigned counsel was retained less than one (1) week ago to represent Pet
Supplies “Plus” in this action. Pet Supplies “Plus” were added as Defendants for the first time in
2. All Defendants’ responses to the Corrected Amended Class Action Complaint are due
today, Thursday, September 13, 2007, pursuant to this Court’s Order dated August 14, 2007. (D.E.
169).
Dockets.Justia.com
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 2 of 8
3. Pursuant to the Court’s direction (D.E. 142, Hearing Transcript at pp.22-25 and 27:
7-10), Pet Supplies “Plus”intend to adopt and incorporate the consolidated response to the Corrected
Amended Class Action Complaint that will be filed by other Defendants in this action on September
13, 2007.
4. However, Pet Supplies “Plus” intend to also present additional and unique grounds
in their response to the Corrected Amended Class Action Complaint, and are required by rule to
present all their grounds in one response.1 Specifically, Pet Supplies “Plus” intend to present the
5. Pet Supplies “Plus” need an additional ten (10) days to prepare complete responses
to the Corrected Amended Class Action Complaint and necessary supporting declarations regarding
6. This motion is made in good faith and not for any purpose of undue delay.
7. Pursuant to Local Rule 7.1 (3)(a),counsel for Pet Supplies “Plus” has conferred with
Plaintiffs’ counsel, who does not oppose the relief sought by this motion.
WHEREFORE, Defendants, Pet Supplies “Plus” respectfully request a ten (10) day
extension of time to serve a responsive pleading to the Corrected Amended Class Action Complaint.
1
By filing this motion, undersigned counsel is entering a limited, special appearance, and
not a general appearance, for Pet Supplies “Plus”. Pet Supplies “Plus” hereby reserves and does
not waive any and all defenses to the Corrected Amended Class Action Complaint, including the
defense of lack of personal jurisdiction and service of process.
2
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 3 of 8
s/ Dominick V. Tamarazzo
RALPH G. PATINO
Florida Bar No.768881
rpatino@patinolaw.com
DOMINICK V. TAMARAZZO
Florida Bar No. 92835
dtamarazzo@patinolaw.com
CARLOS B. SALUP
Florida Bar No. 26952
csalup@patinolaw.com
3
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 4 of 8
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 13, 2007, I electronically filed the foregoing
document with the Clerk of the Court using CM/ECF. I also certify that this document is being
served this day on to all counsels on the attached service list via transmission of Notices of
Electronic Filing generated by CM/ECF.
s/ Dominick V. Tamarazzo
4
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 5 of 8
SERVICE LIST
CASE No. 07-21221-CIV-ALTONAGA/TURNOFF
5
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 6 of 8
6
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 7 of 8
7
Case 1:07-cv-21221-CMA Document 190 Entered on FLSD Docket 09/13/2007 Page 8 of 8
Counsel for Co-Defendant, Menu Foods Counsel for Co-Defendant, Petsmart, Inc.
Income Fund and Menu Foods, Inc.: Susan Elizabeth Mortensen
Alexander Shaknes smortensen@coffeyburlington.com
alex.shaknes@dlapier.com Coffey Burlington
Amy W. Schulman 2699 S. Bayshore Drive, Penthouse
amy.schulman@dlapier.com Miami, Florida 33133
DLA Piper US LLP Tel.: (305)858-2900
1251 Avenue of the Americas Fax.: (305)858-5261
New York, NY 10020-1104
Tel.: (212)335-4829 Co-Counsel for Co-Defendant, Petsmart,
Fax.: (212)884-8629 Inc.
Michael K. Kennedy
Co-Counsel for Co-Defendant, Menu mkk@gknet.com
Foods Income Fund and Menu Foods, Michael R. Ross
Inc: mrr@gknet.com
William C. Martin Gallagher & Kennedy, P.A.
william.martin@dlapiper.com 2575 E. Camelback Road, #1100
DLA Piper US LLP Phoenix, Arizona 85016
203 North LaSalle Street, # 1900 Tel.: (602)530-8504
Chicago, IL 60601-1293 Fax.: (602)530-8500
Tel.: (312)368-3449
Fax.: (312)630-7318