IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

DROPBOX, INC., 

Plaintiff / Counterclaim 

Defendant, 

v. 

MOTION OFFENSE, LLC, 

Defendant / Counterclaim 

Plaintiff.

 

 Civil Action No. 6:20-cv-00251-ADA

 

 (Lead Case) 

MOTION OFFENSE, LLC, 

Plaintiff. 

 v. 

DROPBOX, INC., 

Defendant. 

 

 Civil Action No. 6:21-cv-00758-ADA 

 

MOTION OFFENSE’S OPPOSED MOTION FOR EXTENSION OF TIME TO FILE 

RESPONSES AND REPLIES TO SUMMARY JUDGMENT AND DAUBERT MOTIONS 

Regretfully, under objection, Motion Offense, LLC (“Motion Offense”) requests a oneweek extension for filing responses and replies to the parties’ pending summary judgment and 

Daubert motions. The current deadline to file responses is March 10, 2023 and the current 

deadline to file replies is March 17, 2023. The new deadlines would be March 17, 2023 and 

March 24, 2023 respectively. Briefing will be complete one month before the pretrial conference 

scheduled on April 24, 2023. All other deadlines remain in effect. 

Case 6:20-cv-00251-ADA Document 219 Filed 03/08/23 Page 1 of 3
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Agreeing to a one-week extension to the default two-week deadline for responses and 

replies to summary judgment and Daubert motions should be a matter of professional courtesy. 

Rule AT-4(b). The Court’s Amended Standing Order Regarding Joint or Unopposed Request to 

Change Deadlines would automatically grant this extension if the parties agreed. But Dropbox 

opposes. During the parties’ calls and in the emails that were exchanged, Dropbox’s only 

explanation was the extension is “unnecessary.” It is necessary for Motion Offense. Motion 

Offense is therefore filing this motion instead of working on its responsive briefs and other 

pretrial matters. Good cause exists. 

Explaining why the extension is necessary could span many pages. That is not necessary. 

Dropbox raised a dispute about pretrial disclosures on Friday night, March 3, 2023. It contacted 

the Court about it on Monday, March 6. That was the same day the parties met and conferred at 

Motion Offense’s request and before Motion Offense could provide its response. Motion 

Offense did the next day and also served an updated exhibit list and jury instructions despite 

Dropbox’s refusal. Later that day, the Court scheduled a hearing for March 10 when responsive 

briefs are due. 

The disputes over the parties’ disclosures and efforts to resolve them had already 

impacted work on response briefs. A team member had also contracted COVID. Once the 

hearing was scheduled on the same day responses were due, Motion Offense contacted Dropbox 

requesting the parties agree to an extension. Dropbox offered a one-business day extension for 

responses, making them due March 13. However, rebuttal disclosures and objections are are due 

March 14. Motion Offense informed Dropbox that would not work and also disclosed the 

COVID-related illness. Dropbox still refuses to extend the remaining deadlines. 

Case 6:20-cv-00251-ADA Document 219 Filed 03/08/23 Page 2 of 3
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The extension is necessary to work on responses and pretrial disclosure matters. The 

time spent conferring about this extension and drafting this motion should have been spent doing 

that. Wasting that time regretfully has made this extension more important and Motion Offense 

respectfully requests the one-week extension be granted. 

 

Dated: March 8, 2023 DEVLIN LAW FIRM LLC 

/s/ Derek Dahlgren 

Timothy Devlin (No. 4241) 

Derek Dahlgren (pro hac vice) 

Alex Chan (Texas Bar No. 24108051) 

1526 Gilpin Avenue 

Wilmington, DE 19806 

(302) 449-9010 

tdevlin@devlinlawfirm.com 

ddahlgren@devlinlawfirm.com 

achan@devlinlawfirm.com 

Attorneys for Defendant 

Motion Offense, LLC

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the above and foregoing document has 

been served on all counsel of record via the Court’s ECF system on March 8, 2023. 

/s/ Derek Dahlgren _

Derek Dahlgren 

Case 6:20-cv-00251-ADA Document 219 Filed 03/08/23 Page 3 of 3