Dish Network v. Sonysat
Application for Consent Order Extending Time
Plaintiffs respectfully request an extension of time to respond to the Court's order of July 14, 2010 directing DISH Network to move for entry of default judgment on or before September 10, 2010, and in support state:
1. Defendants consent to the relief requested in this application.
2. DISH Network filed its verified complaint and ex parte application for temporary restraining order, seizure, and impoundment against Sonysat LLC and Juan Martinez on March 15, 2010. The application was granted the next day, and the siezure conducted on March 25, 2010.
3. At the time of the seizure, a United States Marshal served a summons, the complaint, and a copy of all other pleadings filed with the Court as of that date on Defendants.
4. Following the seizure, Defendants, through counsel, agreed to extend the temporary restraining order in the form of an preliminary injunction and continue the impoundment of the seized items. The Court entered the preliminary injunction and impoundment on April 12, 2010. Other than agreeing to the motion for preliminary injunction, Defendants have not filed any responsive pleading in this matter and are therefore in default.
5. On July 12, 2010, the Court ordered DISH Network to pursue default. DISH Network filed an application to extend the time to seek default by 60 days, up through September 10, 2010, which the Court granted. The application was based on ongoing settlement negotiations between the parties, which have been delayed because Defendants lacked financial records necessary to evalute settlement and those records needed to be requested from third parties.
6. DISH Network was provided with numerous records by third parties concerning the finances of Defendants, the last of them having been received on August 23, 2010. Since then the parties have attempted to arrange a face-to-face meeting to discuss settlement, particularly in advance of the September 10, 2010 deadline by which DISH Network must seek default.
7. The schedules of the parties and counsel, however, preclude such a meeting from taking place. Defendants' counsel is vacationing through September 1, 2010, and largely unavailable the following week because of Labor Day and Rosh Hashanah. DISH Network necessary representatives are unavailable on September 2 and 3 because of prior commitments.
8. The parties are working to schedule the settlement conference for later in September or October. As a consequence, DISH Network requests an additional 60 days to pursue settlement with Defendants. DISH Network will seek entry of default and default judgment on or before November 9, 2010 if settlement is not reached. - (Doc 22-main)
(Refer to the attachments-AZA)
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