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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ADIL SHAFI, an individual,

Counter-Plaintiff/Third Party Plaintiff,

vs

FREDERICK WEIDINGER and

BRAINTECH, INC, 

Third Party Defendant/Counter-Defendant,

__________________________________________/

AND

ROBOTIC VISION TECHNOLOGIES, LLC, and 

FREDERICK WEIDINGER, an individual,

Plaintiff

vs

ADIL SHAFI,

 Defendant.

_____________________________________/

Case No. 09-10454

Hon. Victoria A. Roberts

Case No. 11-12909

Hon. Victoria A. Roberts

DEFENDANT ADIL SHAFI’S EX PARTE MOTION FOR LEAVE TO FILE 

RULE 12(B)(6) MOTION TO DISMISS IN EXCESS OF TWENTY PAGES

Defendant Adil Shafi (“Shafi”), by and through his attorneys, Berry Moorman 

P.C., moves, pursuant to Local Rule 7.1(c)(3)(A), for leave to file a brief in excess of 

twenty pages in support of his Motion to Dismiss, and states as follows:

1. On October 14, 2011, this Court ordered Shafi to resubmit a brief in 

support of its Motion to Dismiss Plaintiffs’ Complaint similar to that earlier filed in the 

Eastern District of Virginia.

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2. Plaintiffs’ Complaint alleges five separate claims against Mr. Shafi and 

Defendant’s Motion to Dismiss requires a full analysis of the facts behind those claims 

and the law pertinent to their resolution. 

3. E.D. Mich LR 7.1(c)(3)(A) provides that “a party seeking to file a longer 

brief [than 20 pages] may apply ex parte to the Court in writing setting forth the 

reasons.”

4. Given the number of claims at issue and the complexity of the legal issues 

raised by Plaintiffs’ Complaint, the 20-page limit for briefs set by Local Rule 7.1(c)(3)(A) 

does not provide sufficient space within which Shafi can adequately address the 

relevant record and law applicable to the issues in this case.

WHEREFORE, Defendant Shafi respectfully requests that this Court grant this 

motion and permit him to file a response exceeding the limit of 20 pages.

Respectfully submitted,

BERRY MOORMAN P.C.

By: s/ Noah S. Hurwitz

Noah S. Hurwitz (P74063)

Attorneys for Defendant

535 Griswold, Suite 1900

Detroit, Michigan 48226

(313) 496-1200

nhurwitz@berrymoorman.com

Dated: November 4, 2011

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ADIL SHAFI, an individual,

Counter-Plaintiff/Third Party Plaintiff,

vs

FREDERICK WEIDINGER and

BRAINTECH, INC, 

Third Party Defendant/Counter-Defendant,

__________________________________________/

AND

ROBOTIC VISION TECHNOLOGIES, LLC, and 

FREDERICK WEIDINGER, an individual,

Plaintiff

vs

ADIL SHAFI,

 Defendant.

_____________________________________/

Case No. 09-10454

Hon. Victoria A. Roberts

Case No. 11-12909

Hon. Victoria A. Roberts

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT ADIL SHAFI’S EX PARTE 

MOTION FOR LEAVE TO FILE RULE 12(B)(6) MOTION TO DISMISS 

IN EXCESS OF TWENTY PAGES 

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TABLE OF CONTENTS

STATEMENT OF THE ISSUES PRESENTED......................................................ii

INDEX OF AUTHORITIES................................................................................iii

ARGUMENT..................................................................................................1

CONCLUSION...............................................................................................2

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STATEMENT OF THE ISSUES PRESENTED

I. WHETHER DEFENDANT SHAFI SHOULD BE PERMITTED TO 

FILE A MOTION TO DISMISS PLAINTIFFS’ COMPLAINT IN 

EXCESS OF TWENTY PAGES.

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INDEX OF AUTHORITIES

Rules Page

Local Rule 7.1(c)(3)(A) .................................................................................1

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I. ARGUMENT

In his Motion to Dismiss Plaintiffs Frederick Weidinger and Robotic Vision 

Technologies’ Complaint, Shafi will be attacking five claims, including Breach of 

Contract, Breach of Fiduciary Duty, Defamation, Breach of Non-Competition 

Agreement, and Unjust Competition.

On October 14, 2011, this Court ordered Shafi to resubmit a brief in support of its 

Motion to Dismiss Plaintiffs’ Complaint similar to that earlier filed in the Eastern District 

of Virginia. Defendant’s Motion to Dismiss requires a full analysis of the facts behind 

those claims and the law pertinent to their resolution. The matter at hand is rather 

complicated and combines the facts of two cases before this Court rather than one.

E.D. Mich LR 7.1(c)(3)(A) provides that “a party seeking to file a longer brief [than 

20 pages] may apply ex parte to the Court in writing setting forth the reasons.” Given 

the number of claims at issue and the complexity of the legal issues raised by Plaintiffs’ 

Complaint, the 20-page limit for briefs set by Local Rule 7.1(c)(3)(A) does not provide 

sufficient space within which Shafi can adequately address the relevant record and law 

applicable to the issues in this case.

WHEREFORE, Defendant Shafi respectfully requests that this Court grant this

motion and permit him to file a response exceeding the limit of 20 pages.

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II. CONCLUSION

WHEREFORE, Defendant Shafi respectfully requests that this Court grant his Ex 

Parte Motion For Leave To File His Motion to Dismiss In Excess of the Twenty Page 

limit.

Respectfully submitted,

BERRY MOORMAN P.C.

By: s/Noah S. Hurwitz

Noah S. Hurwitz (74063)

Attorneys for Defendant

535 Griswold, Suite 1900

Detroit, Michigan 48226

(313) 496-1200

nhurwitz@berrymoorman.com

Dated: November 4, 2011

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CERTIFICATE OF SERVICE

STATE OF MICHIGAN )

 )ss

COUNTY OF WAYNE )

I hereby certify that on the 4th day of November, 2011, a copy of the foregoing 

Defendant Adil Shafi’s Ex Parte Motion For Leave To File Motion to Dismiss In Excess 

of Twenty Pages and Memorandum of Law in Support was filed electronically. Notice of 

this filing will be sent to all parties by operation of the Court’s electronic filing system. 

Parties may access this filing through the Court’s system. 

Respectfully submitted,

BERRY MOORMAN P.C.

By: s/Noah S. Hurwitz

Noah S. Hurwitz (74063)

Attorneys for Defendant

535 Griswold, Suite 1900

Detroit, Michigan 48226

(313) 496-1200

nhurwitz@berrymoorman.com

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