WA 904836.1

KIRKPATRICK & LOCKHART

PRESTON GATES ELLIS LLP

Kathy Dutton Helmer (KDH 9571)

One Newark Center, Tenth Floor

Newark, New Jersey 07102 

(973) 848-4000 

Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

MEDTECH PRODUCTS INC.,

Plaintiff,

vs. POWER PRODUCTS, INC., Defendant.

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No.: 07 CV-3305

DEFENDANT S MOTION FOR EXTENSION OF TIME TO ANSWER OR RESPOND 

TO COMPLAINT FOR INJUNCTIVE RELIEF AND MONEY DAMAGES

COMES NOW Defendant Power Products, Inc. d/b/a Splintek, pursuant to Fed. R. Civ. P. 

6(b), and moves the Court to grant it a thirty-day extension of time in which it may file its answer or 

may otherwise plead in response to the Plaintiff s Complaint for Injunctive Relief and Money

Damages(the Complaint ). The requested extension would permit Defendant to plead in response 

to the Complaint on or before June 18, 2007. According to the affidavit of service that Plaintiff has filed herein, Plaintiff served the 

Complaint on Defendant on April 27, 2007. Accordingly, Defendant s first responsive pleading to 

the Complaint is otherwise due on May 17, 2007. This motion is Defendant s first request for an

extension of time within which to plead to the Complaint. Plaintiff has consented only to a 14-day 

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extension of time but would not consent to the 30-day extension requested herein for the reason that 

it believes its claims are too urgent for a 30-day extension. Good cause exists for the requested extension. Defendant needs sufficient time to evaluate 

whether it must raise Rule 12 defenses by motion and if so, to prepare such a motion and suggestions 

in support thereof. If not, Defendant needs sufficient time to review the numerous factual

allegations, exhibits and legal claims set forth in or attached to the complaint, and to prepare and

finalize its answer to those allegations. In order to do so, Defendant requires a thirty-day extension 

of the responsive pleading deadline. Affording Defendant sufficient time to prepare its motion 

and/or answer would serve the interests of justice. The requested extension is not sought to delay the 

litigation and would not prejudice any party.

WHEREFORE, Defendant respectfully prays that the Court enter its Order extending the

time within which Defendant may file its answer or otherwise plead in response to the Complaint up 

to and including June 18, 2007. Respectfully submitted,

KIRKPATRICK & LOCKHART PRESTON 

GATES ELLIS LLP

/s/ Kathy Dutton Helmer

One Newark Center 

Newark, New Jersey 07102 

Telephone:(973) 848-4000 

Facsimile: (973) 848-4001

E-Mail: khelmer@klng.com

ATTORNEYS FOR DEFENDANT

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Of counsel:

SPENCER FANE BRITT & BROWNE LLP

Barry L. Pickens

1000 Walnut, Suite 1400

Kansas City, MO 64106

Telephone:(816) 474-8100

Facsimile: (816) 474-3216

E-Mail: bpickens@spencerfane.com

CERTIFICATE OF SERVICE

I hereby certify that on this 17th day of May, 2007, I caused a copy of the foregoing

document to be served by United States mail, postage prepaid, and by the Court s CM/ECF system, upon the following: 

Karl Geercken

Amy Manning

ALSTON & BIRD LLP

90 Park Avenue

New York, NY 10016-1387

Tel.: 212.210.9471

Fax: 212.210.9444

Email: karl.geercken@alston.com

amy.manning@alston.com

/s/ Kathy Dutton Helmer

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