UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
April 1, 2009
G4 CONCEPT MARKETING, INC., ET AL., PLAINTIFF,
MASTERCARD INTERNATIONAL, (A/K/A MASTERCARD INCORPORATED) DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
Plaintiff, through its agent, attorney Robert Calihan of Nixon Peabody, has requested an extension within which to respond to defendant's motion to dismiss. By letter, defendant opposes the request.
Although, plaintiff could, and should, have acted in a more timely manner, I see little prejudice to defendant. No prejudice is advanced by defendant; the arguments made in opposition are essentially merits-related. The case is of relatively recent origin and plaintiff is proceeding, at this time, pro se.
I, therefore, grant plaintiff's request, in part. Plaintiff's time within which to respond to the pending motion to dismiss is extended to April 24, 2009. If the Nixon Peabody firm intends to represent plaintiff it should enter a notice of appearance as soon as possible.
IT IS SO ORDERED.
Rochester, New York
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