IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION FEDERAL TRADE COMMISSION, ) Plaintiff, Vv. Case No. 14-CV-0815-W-BCW BF LABS INC., et al., Defendants. DEFENDANTS BF LABS INC., SONNY VLEISIDES, AND DARLA DRAKE’S MOTION FOR AN EXTENSION OF TIME TO RESPOND TO FIRST APPLICATION BY ERIC JOHNSON, TEMPORARY RECEIVER, FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES FOR THE PERIOD SEPTEMBER 18, 2014 THROUGH OCTOBER 31, 2014 BF Labs Inc., Sonny Vleisides, and Darla Drake (collectively “Defendants”’), respectfully move this Court for a one-week extension of time, to and including December 5, 2014, to respond to First Application by Eric Johnson, Temporary Receiver, For Allowance of Compensation for Services Rendered and Reimbursement of Actual and Necessary Expenses for the Period September 18, 2014 through October 31, 2014 (“Application”). In support of this request, Defendants state as follows: il, The Standing Order (Doc. 77) provides that responses to Administration of Receivership Estate matters are due seven (7) calendar days from the time a motion is filed. 23 The Temporary Receiver filed his Application on November 21, 2014, making a response due on November 28, 2014. 3 Good cause exists for this extension request because, between the time that the Temporary Receiver’s Application was filed and the conclusion of the Preliminary Injunction Hearing that was held on November 25 and 26, 2014, counsel for Defendants devoted their time 1 49283880.2 Case 4:14-cv-00815-BCW Document 181 Filed 11/26/14 Page 1 of 4 to preparing for and representing Defendants in the Preliminary Injunction Hearing. Additionally, the Thanksgiving holiday is tomorrow. 4, Defendants accordingly request that the Court grant Defendants a one-week extension of time, to and including December 5, 2014, in which to file their Response to the Temporary Receiver’s Application. >, This motion is not made for the purpose of delay or harassment, and no party will be prejudiced if the motion is granted. 6. Counsel for Defendants has contacted counsel for the Temporary Receiver. Counsel for the Temporary Receiver does not oppose the requested relief. See Court’s Standing Order No. 1 (Doc. 77). WHEREFORE, Defendants respectfully request that the Court grant Defendants a one- week extension of time, to and including December 5, 2014, in which to file their Response to the Temporary Receiver’s Application. (Doc. 173). rs Under the Court’s Standing Order No. 1 (Doc. 77), a proposed order in Word format granting the relief requested herein is being submitted to the Court by email to joella_baldwin @ mow.uscourts.gov. 49283880.2 Case 4:14-cv-00815-BCW Document 181 Filed 11/26/14 Page 2 of 4 49283880.2 Respectfully submitted, /s/ James M. Humphrey James M. Humphrey MO # 50200 Michael S. Foster MO # 61205 Miriam E. Bailey MO # 60366 Polsinelli PC 900 W. 48th Place, Suite 900 Kansas City, Missouri 64112-1895 Telephone: (816) 753-1000 Facsimile: (816) 753-1536 jhumphrey @ polsinelli.com mfoster @polsinelli.com mbailey @ polsinelli.com Braden M. Perry MO # 53865 Kennyhertz Perry, LLC 420 Nichols Road, Suite 207 Kansas City, MO 64112 Direct: 816-527-9445 Fax: 855-844-2914 braden @kennyhertzperry.com Attorneys for Defendants BF Labs Inc., Sonny Vleisides, and Darla Drake Case 4:14-cv-00815-BCW Document 181 Filed 11/26/14 Page 3 of 4 I hereby certify that on November 26, 2014, a true and correct copy of the foregoing CERTIFICATE OF SERVICE pleading was served by the Court’s ECF system on the following: 49283880.2 Helen Wong Teresa N. Kosmidis Leah Frazier Gregory Ashe Federal Trade Commission 600 Pennsylvania Ave., N.W. Mail Stop CC-10232 Washington DC 20580 202-326-3779 (Wong) 202-326-3216 (Kosmidis) 202-326-2187 (Frazier) hwong @ftc.gov tkosmidis @ftc.gov Ifrazier @ftc.gov gashe @ftc.gov Charles M. Thomas Assistant United States Attorney Charles Evans Whittaker Courthouse 400 East Ninth Street, Room 5510 Kansas City, MO 64106 816-426-3130 charles.thomas @usdoj.gov Attorneys for Plaintiff Bryant T. Lamer Kersten L. Holzhueter Andrea M. Chase Katie Jo Wheeler Lucinda H. Luetkemeyer Spencer Fane Britt & Browne LLP 1000 Walnut Street, Suite 1400 Kansas City MO 64106 816-474-8100 blamer @spencerfane.com kholzheuter @ spencerfane.com achase @spencerfane.com kwheeler @ spencerfane.com lluetkemeyer @ spencerfane.com Attorneys for Temporary Receiver Eric L. Johnson James D. Griffin MO # 33370 Lisa M. Bolliger MO # 65496 Scharnhorst Ast Kennard Griffin, PC 1100 Walnut, Suite 1950 Kansas City, Missouri 64106 Tel: (816) 268-9400 Fax: (816) 268-9409 jgriffin @sakg.com Ibolliger@sakg.com Attorneys for Defendant Nasser Ghoseiri /s/ James M. Humphrey Attorney for Defendants BF Labs Inc., Sonny Vleisides, and Darla Drake Case 4:14-cv-00815-BCW Document 181 Filed 11/26/14 Page 4 of 4