NorthWest Biotherapeutics Inc (NWBO)

[exwannabe]

Family vacations usually happens when school is out. They are squirming.

?? School is out next week for many. Spring break.

Regardless, the entire request has a lot more in it than just that:

. Noting the submission on the 18th was w/o leave to file.
. Noting this is the third time NWBO has had to fix errors in the factual assertions
. Noting that there are 144 entirely new pages along with scattered changes.

On March 18, without explanation or leave of Court, NWBO filed a new pleading that substantively changed the alleged spoofing episodes in the Exhibit 1 NWBO had filed on March 15. Notably, this is the third time that NWBO has “corrected” a pleading riddled with obvious errors. NWBO withdrew its initial Complaint following service of a Rule 11 motion that, among other things, informed NWBO that the prices alleged in its spoofing “example episodes” were incorrect. See ECF No. 134 at 84:17-23. After NWBO amended its complaint and was served with a second Rule 11 motion, NWBO “submitted a letter to the Court saying [its Exhibit1] was messed up, and then [NWBO] submitted a corrected version of that exhibit.” See id. 83:14-20. Now, after Defendants spent the weekend analyzing another defective pleading filed by NWBO, its counsel yet again filed a new pleading with “spoofing episodes” containing different “Next Sales” and “Prior Sales,” without explanation or leave of Court. Compare ECF No. 149-1 with ECF No. 150-1.

Given that a number of Defendants’ counsel are on vacation this month due to their children’s schools’ spring recesses, and the new allegations and exhibits across NWBO’s 482-page pleading (of which 144 pages are entirely new), Defendants respectfully request a 30-day extension of their deadlines to respond to the SAC, from April 1, 2024 to May 1, 2024. Defendants note that NWBO’s deadline to file its SAC was 77 days from the date of Your Honor’s R&R.

Pursuant to Section 1(G) of Your Honor’s Individual Rules, Defendants state that the original deadline for their motions to dismiss the SAC is April 1, 2024; that there have been no previous requests for adjournment or extension of time to respond to the SAC; and that NWBO opposes Defendants’ request.

Defendants thank the Court for its attention to this matter.

Respectfully submitted,
/s/ William A. Burck
William A. Burck