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.
UNOPPOSED MOTION OF BF LABS INC., SONNY VLEISIDES, AND DARLA JO DRAKE FOR LEAVE TO FILE SUGGESTIONS IN SUPPORT OF RULE 12(b)(6) MOTION TO DISMISS FOR FAILURE
TO STATE A CLAIM IN EXCESS OF PAGE LIMITATION
BF Labs Inc., Sonny Vleisides, and Darla Jo Drake (collectively “Defendants’’), respectfully move this Court for leave to file their Suggestions in Support of Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim in excess of the page limit set forth in Local Rule 7.0(f). In support of this request, which is unopposed, Defendants state as follows:
Il, Local Rule 7.0(f) permits a party to file suggestions in support to motions in excess of fifteen pages with permission of the Court. Defendants therefore seek leave to file their Suggestions in Support of Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (“Suggestions”) in excess of the Local Rule 7.0(f) fifteen-page limit.
2 Defendants submit that good cause exists for this request in that the key matters “embraced by the pleadings” that should be considered by the Court in support of Defendants’ Motion required detailed and extensive discussion.
3s Defendants accordingly request leave to file their Suggestions up to twenty pages in length or fewer. Defendants are still in the process of preparing their Suggestions, and the
Suggestions therefore may run shorter than the requested twenty pages.
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4, This motion is not made for the purpose of delay or harassment, and no party will be prejudiced if the motion is granted.
3. Defendants have contacted counsel for Plaintiff and the Receiver. The Receiver takes no position. The Plaintiff does not oppose the requested relief. See Court’s Standing Order No. 1 (Doc. 77).
WHEREFORE, Defendants respectfully request the Court grant them leave to file Suggestions in Support of their Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim that are up to twenty pages in length.
6. 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.
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
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Attorneys for Defendant BF Labs Inc., Sonny Vleisides, and Darla Drake.
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CERTIFICATE OF SERVICE
I hereby certify that on October 9, 2014, a true and correct copy of the foregoing was served by the Court’s ECF system to:
Helen Wong
Teresa N. Kosmidis
Leah Frazier
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
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
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
Attorneys for Receiver Eric L. Johnson
/s/ James M. Humphrey Attorney for Defendants
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