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Case 1:13-cv-22131-JLK Document 8 Entered on FLSD Docket 07/03/2013 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA SEGUROS UNIVESALES, S.A., a Guatemalan anonymous society, FIANZAS UNIVERSALES, S.A. n/k/a ASEGURADORA FIDELIS, S.A., a Guatemalan anonymous society, and ORDENADORES, S.A., a Guatemalan anonymous society, Plaintiffs, v. MICROSOFT CORPORATION, a Washington corporation, Defendant. _______________________________________/ MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Defendant Microsoft Corporation (Microsoft), by and through its undersigned counsel, hereby moves for an Order extending the time by which it must file its response to Plaintiffs Complaint up to, and including, August 5, 2013. In support of its Motion, Microsoft states the following: 1. Plaintiffs Complaint (the Complaint) alleges Racketeering, Constructive CASE NO.: 1:13-cv-22131-JLK

Fraud, Abuse of Process, and Unjust Enrichment against Microsoft. [D.E. 1]. The purported racketeering activity is alleged to have occurred in the Republic of Guatemala. 2. The Complaint was filed on June 14, 2013, and appears to have been served on

Microsoft on June 19, 2013, although the current docket sheet does not reflect that Plaintiffs have filed a return of service of process with this Court. 3. Pursuant to Rule 12 of the Federal Rules of Civil Procedure, Microsofts response

to the complaint is due to be filed on Wednesday, July 10, 2013.

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4.

The undersigned counsel was retained by Microsoft as recently as last week and

requires additional time to investigate the claims at issue, which may include conducting witness interviews and reviewing documents located in Guatemala, in order to frame an appropriate response to the Complaint. 5. In light of the foregoing, an impending holiday for which lead counsel for

Microsoft, Hilarie Bass, has pre-arranged and pre-paid travel plans, as well as the undersigned counsels pre-existing commitments and case obligations, Microsoft respectfully seeks an extension of time up to, and including Monday, August 5, 2013, to respond to the Complaint. 6. Upon being retained by Microsoft, and in a good-faith effort to confer with

opposing counsel on obtaining an extension of time to respond to the Complaint, the undersigned counsel, Ricardo A. Gonzalez, first telephoned Plaintiffs counsel, Fernando Bobadilla, on Thursday, June 27, 2013. Nobody at Mr. Bobadillas law firm responded to Mr. Gonzalezs telephone call, and Mr. Gonzalez left a voice mail message requesting that Mr. Bobadilla phone him. Subsequently, Mr. Gonzalez left two additional voice mail messages for Mr. Bobadilla on Friday, June 28, 2013, and Tuesday, July 2, 2013. In addition, Mr. Gonzalez sent emails to Mr. Bobadilla on Thursday, June 27, 2013, and Tuesday, July 2, 2013. Finally, later in the day on July 2, 2013, Mr. Bobadilla responded to Mr. Gonzalezs repeated requests and telephoned Mr. Gonzalez at his office. 7. When Mr. Gonzalez requested a 30-day extension of time on behalf of Microsoft

to respond to the Complaint, Mr. Bobadilla responded that his clients would agree not to oppose the requested extension of time in exchange for Microsofts assurances that it will not pursue any further legal action against Plaintiff, Ordenadores, S.A., in Guatemala. Mr. Gonzalez informed Mr. Bobadilla that Microsoft was not in a position to provide any such assurances, and Mr. Bobadilla did not agree to the requested extension of time. 2

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8.

This motion is filed in good faith and not for purposes of delay. Under Fed. R.

Civ. P. 6(b), this Court is authorized to extend the period for any such filing for good cause and has the discretion to grant such relief. See In re Trasylol Products Liability Litigation-MDL1928, No. 08MD01928, 2011 WL 5419068, at *4 (S.D. Fla. Aug. 31, 2011). Microsoft respectfully submits that the foregoing circumstances demonstrate good cause for the enlargement of time sought herein.

Certificate Pursuant to Local Rule 7.1(a) The undersigned certifies, in compliance with Local Rule 7.1(a), that he conferred in good faith with counsel for Plaintiffs and could not reach an agreement with opposing counsel regarding the relief sought herein.

WHEREFORE, Defendant respectfully requests this Court to enlarge the time by which Defendant must file its response to the Complaint up to and including August 5, 2013. Dated: July 3, 2013 Respectfully submitted, GREENBERG TRAURIG, P.A. Attorneys for Defendant 333 Avenue of the Americas Miami, Florida 33131 Telephone: (305) 579-0500 Facsimile: (305) 579-0717 E-mail: gonzalezr@gtlaw.com E-mail: rodriguezjo@gtlaw.com By: /s/ Ricardo A. Gonzalez HILARIE BASS Florida Bar No. 334243 RICARDO A. GONZALEZ Florida Bar No. 0691577 JONATHAN J. RODRIGUEZ Florida Bar No. 70431

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CERTIFICATE OF SERVICE I hereby certify that on July 3, 2013, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or via First Class U.S. Mail for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Ricardo A. Gonzalez