784839.2.50 08/28/02 9:05 AM

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

WIZKIDS CREATIONS CO., :

Plaintiff, :

: CIVIL ACTION No. 02-CV-4358

 v. :

:

C.B.S. INC. and :

COLUMBIA BROADCASTING :

SERVICES, INC., :

 Defendants. :

ORDER

AND NOW, this ____ day of ______________, 2002, it is hereby ORDERED

that the Motion of defendant Columbia Broadcasting Services, Inc. for an extension of time until

September 25, 2002 to answer, move or otherwise respond to Plaintiff’s Complaint is hereby

GRANTED.

________________________________

 Brody, J.

Case 2:02-cv-04358-AB Document 5 Filed 08/21/2002 Page 1 of 6
784839.2.50 08/28/02 9:05 AM

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

WIZKIDS CREATIONS CO., :

Plaintiff, :

: CIVIL ACTION No. 02-CV-4358

 v. :

:

C.B.S. INC. and :

COLUMBIA BROADCASTING :

SERVICES, INC., :

 Defendants. :

MOTION OF DEFENDANT

COLUMBIA BROADCASTING SERVICES, INC.

FOR AN EXTENSION OF TIME TO

ANSWER, MOVE OR OTHERWISE PLEAD TO PLAINTIFF’S COMPLAINT.

Defendant Columbia Broadcasting Services, Inc. (“Columbia”), by its

undersigned counsel, hereby requests an extension of time to respond to Plaintiff’s Complaint

and states the following in support thereof:

1. Columbia was served with Plaintiff’s pro se Complaint on August 6, 2002.

2. The Complaint appears to raise issues of copyright law, publication of

newsworthy material, and the legal identity of corporate entities.

3. Columbia intends to file a motion to dismiss the Complaint.

4. Columbia’s response to the Complaint is currently due on or before

August 26, 2002.

Case 2:02-cv-04358-AB Document 5 Filed 08/21/2002 Page 2 of 6
2

5. In light of the relatively complex issues raised by the Complaint, on

August 19, 2002, Columbia asked Larry Hackney, who signed the Complaint on behalf of the

plaintiff and who refers to himself as its owner, to agree to an extension of thirty (30) days, or

until September 25, 2002, for Columbia to file a responsive pleading. Columbia made this

request by leaving a telephone message and by delivering a letter and proposed Stipulation to

Mr. Hackney’s residence.

6. There have been no prior requests for an extension of time.

7. Mr. Hackney did not respond to Columbia’s request. 

WHEREFORE, Columbia respectfully requests that the Court grant this motion

for an extension of time until September 25, 2002 to answer, move or otherwise plead to

Plaintiff’s Complaint.

Dated: August 21, 2002 Respectfully submitted,

___________________________________

Gayle Chatilo Sproul

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103

Attorney for Defendant

Columbia Broadcasting Services, Inc.

Case 2:02-cv-04358-AB Document 5 Filed 08/21/2002 Page 3 of 6
784839.2.50 08/28/02 9:05 AM

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

WIZKIDS CREATIONS CO., :

Plaintiff, :

: CIVIL ACTION No. 02-CV-4358

 v. :

:

C.B.S. INC. and :

COLUMBIA BROADCASTING :

SERVICES, INC., :

 Defendants. :

MEMORANDUM OF LAW IN SUPPORT OF

MOTION FOR EXTENSION OF TIME

TO ANSWER, MOVE OR OTHERWISE PLEAD

TO PLAINTIFF’S COMPLAINT

Plaintiff WizKids Creations Co. (“WizKids”) has filed a pro se Complaint that

appears to attempt to allege violations of the Copyright Act by defendants C.B.S., Inc. and

Columbia Broadcasting Services, Inc. The Complaint, which is unclear and difficult to follow,

also appears to attempt to make allegations concerning defendant’s local television news

coverage. While WizKids is identified as the plaintiff herein, the Complaint is signed by Larry

Hackney.

Defendant Columbia Broadcasting Services, Inc. (“Columbia”) was served with a

copy of the Complaint on August 6, 2002. Thus, Columbia’s response to the Complaint is due

on August 26, 2002. Columbia believes it has ample grounds to file a motion to dismiss the

Complaint and intends to do so. In light of the potential breadth of plaintiff’s allegations,

Case 2:02-cv-04358-AB Document 5 Filed 08/21/2002 Page 4 of 6
2

Columbia asked Mr. Hackney to agree to a 30-day extension of time for it to answer, move or

otherwise plead. Mr. Hackney did not respond.

Therefore, Columbia respectfully requests that this Court grant its motion for an

extension of time until September 25, 2002 to answer, move or otherwise plead to plaintiff’s

Complaint.

Dated: August 21, 2002 Respectfully submitted,

___________________________________

Gayle Chatilo Sproul

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103

Attorney for Defendant

Columbia Broadcasting Services, Inc.

Case 2:02-cv-04358-AB Document 5 Filed 08/21/2002 Page 5 of 6
784839.2.50 08/28/02 9:05 AM

CERTIFICATE OF SERVICE

I hereby certify that I have this date caused a copy of the Motion for Extension of

Time to Answer, Move or Otherwise Plead and all accompanying documents to be served by

hand delivery upon the following:

WizKids Creations Co.

c/o Larry Hackney

5422 Chester Avenue

Philadelphia, PA 19143

Dated: August 21, 2002 ___________________________

Gayle Chatilo Sproul

Case 2:02-cv-04358-AB Document 5 Filed 08/21/2002 Page 6 of 6