Case 1:12-cv-00327-LO-IDD Document 12

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Alexandria Division MICROHITS, INC., et al., Plaintiffs v. MEGAUPLOAD, LTD., et al., Defendants ) ) ) ) ) ) ) )

No. 1:12-cv-327 (LO/IDD)

CONSENT MOTION OF DEFENDANTS KIM DOTCOM AND MEGAUPLOAD LTD. FOR EXTENSION OF TIME TO RESPOND TO THE COMPLAINT Pursuant to Rules 6(b) and 12 of the Federal Rules of Civil Procedure, Defendants Kim Dotcom, Megaupload Ltd. hereby move for an extension of time to respond to the complaint, and in support thereof, state as follows: 1. Plaintiffs filed this action on March 21, 2012. 2. Defendants Kim Dotcom and Megaupload Ltd., and others, have been indicted and are being prosecuted in this Court. United States v. Kim Dotcom, et al., No. 1:12-cr-00003-LO (E.D. Va. filed Jan. 5, 2012). 3. Defendant Kim Dotcom is currently living in New Zealand and subject to confining conditions imposed by New Zealand courts in connection with such criminal charges, is currently contesting extradition and jurisdiction of the court with respect to such criminal charges, and seeks to preserve all possible defenses to both this action and such criminal charges. 4. Defendants intend to move for a stay of this action while criminal charges are pending. 5. Defendants Kim Dotcom and Megaupload, Ltd. presently seek an extension of time to answer, move, or otherwise respond to their complaint to, and including, May 24, 2012.

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6. Plaintiffs consent to this relief, and agree that this Motion does not constitute a waiver by said defendants of any defense or procedural protections, including but not limited to defenses of lack of jurisdiction, improper venue, insufficiency of process or improper service of process, or the ability to request additional time to respond from the Court. 7. A proposed order is submitted herewith.

Defendants do not seek oral argument on this motion.

WHEREFORE, Defendants Kim Dotcom and Megaupload Ltd. respectfully request that this relief be granted. Dated: May 3, 2012 Respectfully submitted, /s/ Craig C. Reilly Craig C. Reilly, Esq. (VSB # 20942) 111 Oronoco Street Alexandria, Virginia 22314 TEL (703) 549-5354 FAX (703) 549-2604 craig.reilly@ccreillylaw.com Ira P. Rothken (pro hac vice pending) ROTHKEN LAW FIRM 3 Hamilton Landing Suite 280 Novato, CA 94949 (415) 924-4250 (415) 924-2905 (fax) ira@techfirm.net Counsel for Defendants Kim Dotcom and Megaupload, Ltd.

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CERTIFICATE OF SERVICE I hereby certify that on May 3, 2012, the foregoing consent motion for an extension of time to respond was filed and served electronically by the Courts CM/ECF system upon all registered users: William Clifton Holmes Dunlap, Grubb & Weaver PLLC 199 Liberty St SW Leesburg, VA 20175 703-777-7319 Fax: 703-777-3656 Email: cholmes@dglegal.com Counsel for Plaintiffs

/s/ Craig C. Reilly Craig C. Reilly, Esq. (VSB # 20942) 111 Oronoco Street Alexandria, Virginia 22314 TEL (703) 549-5354 FAX (703) 549-2604 craig.reilly@ccreillylaw.com Counsel for Defendants Kim Dotcom and Megaupload, Ltd.