Case 1:13-cv-22131-JLK Document 16 Entered on FLSD Docket 09/13/2013 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.: 1:13-cv-22131-JLK SEGUROS UNIVERSALES, S.A., a Guatemalan anonymous society, FIANZAS UNIVERSALES, S.A. n/k/a ASEGURADORA FIDELIS, S.A., a Guatemalan anonymous society, and ORDENADORES, S.A., a Guatemalan anonymous society, v. Plaintiffs,

MICROSOFT CORPORATION, a Washington corporation, Defendant. _______________________________________/ UNOPPOSED MOTION TO EXCEED PAGE LIMITATION FOR MICROSOFTS MOTION TO DISMISS FIRST AMENDED COMPLAINT Defendant Microsoft Corporation (Microsoft), by and through its undersigned counsel, seeks leave of Court under S.D. Fla. Local Rule 7.1(c)(2) to file a Motion to Dismiss and Incorporated Memorandum of Law on Plaintiffs First Amended Complaint of up to thirty (30) pages in length. In support thereof, Microsoft states as follows: 1. Plaintiffs initially filed a Complaint for Damages and Injunctive Relief, alleging

counts for Racketeering, Constructive Fraud, Abuse of Process, and Unjust Enrichment against Microsoft. [D.E. 1]. 2. On August 5, 2013, Microsoft filed a Motion to Dismiss Complaint for Damages

and Injunctive Relief (the First Motion to Dismiss). [D.E. 10].

Case 1:13-cv-22131-JLK Document 16 Entered on FLSD Docket 09/13/2013 Page 2 of 4 CASE NO. 1:13-cv-22131-JLK 3. On August 22, 2013, Plaintiffs filed a Motion for Enlargement of Time to

Respond to Microsofts First Motion to Dismiss, requesting a thirty (30) day extension of time to file the response. [D.E. 11]. On August 23, 2012, this Court granted Plaintiffs motion. [D.E. 12]. 4. On August 26, 2013, Plaintiffs filed a First Amended Complaint for Damages and

Injunctive Relief (the First Amended Complaint) [D.E. 13], alleging modified counts for Rackeetering and Unjust Enrichment, and including a new cause of action for Fraud. Plaintiffs also introduced newfound allegations that the duress it allegedly incurred from Microsofts alleged actions must be analyzed under the foreign law of Guatemala. See First Amended Complaint, [D.E. 13, p. 8, 40, 43]. 5. Microsofts response to the First Amended Complaint is due to be filed on

September 20, 2013. [D.E. 15]. 6. Microsoft seeks leave to file a Motion to Dismiss Plaintiffs First Amended

Complaint (the Second Motion to Dismiss) that exceeds twenty (20) pages in length. Although Microsoft has made a good faith attempt to stay within the twenty (20) page limitation for a memorandum of law, it cannot, without exceeding that limitation, adequately address the numerous issues raised by Plaintiffs in the First Amended Complaint, including the various allegations of fraud and duress that implicate the foreign law of Guatemala. Accordingly, Microsoft respectfully requests a ten (10) page enlargement of the page limitation for its Second Motion to Dismiss, so that it can properly address those issues and its defenses to the First Amended Complaint.

Case 1:13-cv-22131-JLK Document 16 Entered on FLSD Docket 09/13/2013 Page 3 of 4 CASE NO. 1:13-cv-22131-JLK 7. Good cause exists for the relief requested herein due to the numerous allegations

of fraud and duress, as well as the issues of foreign law raised in the First Amended Complaint. Microsofts analysis of those issues is critical to its defense of this lawsuit. 8. This Motion is filed in good faith and not for purposes of delay. No party will be

prejudiced by the granting of this Motion. 9. In accordance with Local Rule 7.1(A)(3), Ricardo A. Gonzalez, counsel for

Microsoft, conferred with Fernando Bobadilla, counsel for Plaintiffs, on September 13, 2013, in a good faith effort to resolve the issues raised in this Motion. Mr. Bobadilla advised that Plaintiffs do not oppose the relief requested by Microsoft herein. WHEREFORE, Microsoft respectfully requests that this Court enter an Order granting its Unopposed Motion to Exceed the Page Limitation for its Motion to Dismiss First Amended Complaint, allowing Microsoft up to thirty (30) pages for its motion and memorandum of law. Dated: September 13, 2013 Respectfully submitted, GREENBERG TRAURIG, P.A. Attorneys for Defendant 333 Avenue of the Americas Miami, Florida 33131 Telephone: (305) 579-0500 Facsimile: (305) 579-0717 E-mail: gonzalezr@gtlaw.com E-mail: rodriguezjo@gtlaw.com By: /s/ Ricardo A. Gonzalez__________ HILARIE BASS Florida Bar No. 334243 RICARDO A. GONZALEZ Florida Bar No. 0691577 JONATHAN J. RODRIGUEZ Florida Bar No. 70431

Case 1:13-cv-22131-JLK Document 16 Entered on FLSD Docket 09/13/2013 Page 4 of 4 CASE NO. 1:13-cv-22131-JLK

CERTIFICATE OF SERVICE I hereby certify that on September 13, 2013, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or via First Class U.S. Mail for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Ricardo A. Gonzalez