Viamedia, Inc. v. Comcast Corporation et al

Northern District of Illinois, ilnd-1:2016-cv-05486

MOTION by Defendant Comcast Corporation for extension of time to file answer regarding amended complaint {{40}} (UNOPPOSED)

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Case: 1:16-cv-05486 Document #: 61 Filed: 03/06/17 Page 1 of 3 PageID #:443 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION)) VIAMEDIA, INC.,) Plaintiff,) No. 16 C 5486) v.) Honorable Amy J. St. Eve) COMCAST CORPORATION and) COMCAST SPOTLIGHT, LP,)) Defendants.)) DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER PLAINTIFF'S FIRST AMENDED COMPLAINT Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, Defendants Comcast Corporation and Comcast Cable Communications Management, LLC (successor to Comcast Spotlight, LP and together with Comcast Corporation, "Comcast") respectfully move for a short extension of time, up to and including March 22, 2017, to file Comcast's Answer to plaintiff Viamedia's first amended complaint ("Amended Complaint") (Dkt. No. 40). In support of this Motion, Comcast states as follows: 1. Viamedia filed its Amended Complaint on November 21, 2016. (Dkt. No. 40.) 2. Comcast filed its Motion to Dismiss the Refusal to Deal Claims as Restated in the Amended Complaint on December 12, 2016. (Dkt. No. 45.) 3. The Court issued its Memorandum Opinion and Order granting Comcast's motion to dismiss with prejudice on February 22, 2017. (Dkt. No. 60.) 4. Pursuant to Federal Rule of Civil Procedure 12(a)(4), Comcast's Answer to the remaining claims set forth in Viamedia's Amended Complaint is due on March 8, 2017. Case: 1:16-cv-05486 Document #: 61 Filed: 03/06/17 Page 2 of 3 PageID #:443 5. Federal Rule of Civil Procedure 6(b)(1) governs motions for extension of time. The Court may grant an extension for any deadline upon a showing of good cause. Fed. R. Civ. P. 6(b)(1)(A). Despite its reasonable and diligent efforts to date, Comcast requires two additional weeks to prepare its answer. 6. Comcast is not filing this motion for the purpose of the delay, and Viamedia will not be prejudiced by a two week extension. 7. Counsel for Comcast conferred with Viamedia's counsel and requested a two week extension of time for Comcast to answer the Amended Complaint. Viamedia's counsel stated that Viamedia does not oppose the relief requested in this motion. WHEREFORE, Comcast respectfully requests that the Court enter an order extending the deadline up to and including March 22, 2017 for Comcast to answer plaintiff Viamedia's Amended Complaint. Dated: March 6, 2017 Respectfully submitted, COMCAST CORPORATION AND COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC /s/ Ross Bricker Ross B. Bricker Sally K. Sears Coder JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654-3456 Tel: (312) 222-9350 Fax: (312) 527-0484 rbricker@jenner.com ssearscoder@jenner.com Case: 1:16-cv-05486 Document #: 61 Filed: 03/06/17 Page 3 of 3 PageID #:443 Arthur J. Burke (pro hac vice) David B. Toscano (pro hac vice) DAVIS POLK & WARDWELL LLP 450 Lexington Avenue New York, New York 10017 Tel: (212) 450-4000 Fax: (212) 701-5800 Arthur.Burke@davispolk.com David.Toscano@davispolk.com Attorneys for Defendants Comcast Corporation and Comcast Cable Communications Management, LLC