InProcessOut, LLC v. World Tech Toys, Inc.

Western District of Texas, txwd-5:2018-cv-00869

DEFENDANT'S MOTION for Extension of Time to File Response/Reply as to [28] Response to Motion, by World Tech Toys, Inc.

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FILED 1 Roland J. Tong (Cal. Bar No. 216836) DEC 282018 rjt@rnanningllp. corn 2 Elizabeth A. Handelin (Cal. Bar No. 275710) CLE, .S. DISTRICT COURT eahmanningllp. corn WES DISTRICT OF TEXAS BY 3 MANNING & KASS bEPUTY CLERK ELLROD, RAMIREZ, TRESTER LLP 4 801 S. Figueroa St, 15th Floor Los Angeles, California 90017-3012 5 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 6 PRO HAC VICE 7 Attorneys for Defendant, WORLD TECH TOYS, INC. 8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF TEXAS, SAN ANTONIO 10 Case No. 05:18-cv-00869 11 - DEFENDANT WORLD TECH TOYS, INC.'S INPROCESSOUT, LLC dba FLYNOCEROS, a Texas Limited Liability Company NOTICE OF SPECIAL APPEARANCE -AND- 14 Plaintiff, MOTION FOR EXTENSION OF TIME TO 15 FILE REPLY TO PLAINTIFF'S V. OPPOSITION TO DEFENDANT'S MOTION 16 TO DISMISS 17 WORLD TECH TOYS, INC., a California 18 Corporation, 19 Defendant. 20 21 22 23 24 25 26 27 28 DEFENDANT WORLD TECH TOYS, INC.'S SPECIAL APPEARANCE AND MOTION FOR EXTENSION OF TIME TO FILE REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS 1 NOTICE OF SPECIAL APPEARANCE 2 Defendant World Tech Toys, Inc. continues to make its special appearance pursuant to Texas Rule 3 of Civil Procedure, rule 120a, as well as any necessary subsequent appearance to defend its motion to 4 dismiss. This special appearance continues to be for the purpose of bringing before this court and 5 defending Defendant's Motion to Dismiss pursuant to Rule 12(b), subsections (2) through (5), for lack of 6 personal jurisdiction, improper venue, insufficient process and insufficient service of process. 7 8 9 10 11 12 Cl) Cl) 13 14 15 516 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT WORLD TECH TOYS, INC.'S SPECIAL APPEARANCE AND MOTION FOR EXTENSION OF TO FILE REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS 2 MOTION FOR EXTENTION OF TIME UNTIL TOMORROW TO FILE REPLY BRIEF 3 Defendant hereby requests this court grant a one day extension of time to file the reply to 4 Plaintiff's Opposition to Defendant's Motion to Dismiss. Defendant is impacted where counsel is not yet 5 admitted and thus does not have electronic filing and service access yet. Counsel has a request for 6 admission Pro Hac Vice filed, but until counsel for Defendant is admitted there is less time for Defendant 7 to address motions andlor briefs. 8 This reply has also taken more time to complete than anticipated. Counsel received Plaintiff's 9 Opposition to the Motion to Dismiss last Thursday evening. Counsel for Defendant has been working on 10 the reply despite the holiday week, in an attempt to finish earlier today. Defense counsel has done what it 11 could to finish but did not want to file a partially complete motion where Defendant is already prejudiced 12 with less time than normal to file responses since Defendant received documents late and has to finalize its 13 documents much earlier than those filing electronically. If counsel was admitted and could use ECF today, its Reply would be timely. Thus, Defendant is requesting this court grant its one day extension of 15 time to file its Reply brief tomorrow, December 28, 2018. gl6 17 18 I DATED: December 27, 2018 Is/Roland Tong 19 PRO HAC VICE Roland J. Tong (Cal. Bar. No. 216836) 20 rjt@manningllp. corn Elizabeth A. Handelin (Cal. Bar. No. 275710) 21 eah(djrnanningllp. corn 22 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 23 801 S. Figueroa St, 15th Floor Los Angeles, California 90017-3012 24 Telephone: (213) 624-6900 25 Facsimile: (213) 624-6999 Attorneys for Defendant, 26 WORLD TECH TOYS, INC. 27 28 2 DEFENDANT WORLD TECH TOYS, INC.'S SPECIAL APPEARANCE AND MOTION FOR EXTENSION OF TO FILE REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS 1 Certificate of Service 2 I certify that I served this filing on December 27, 2018 by email to opposing counsel. 3 4 Is! Roland Tong 5 Roland Tong 6 7 8 9 10 11 15 3 DEFENDANT WORLD TECH TOYS, INC.'S SPECIAL APPEARANCE AND MOTION FOR EXTENSION OF TO FILE REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS