Case 1:12-cv-10495-MLW Document 26 Filed 09/24/12 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

ERWIN GRAMPP, derivatively on behalf of JBI, INC., Civil Action No.: 1:12-cv-10495-MLW Plaintiff, vs. JOHN BORDYNUIK, DR. JACOB SMITH, RONALD C. BALDWIN, JR., AMY BRADSHAW, JOHN M. WESSON, ROBIN BAGAI, JAMES FAIRBAIRN, GREGORY GOLDBERG, and THEODORE J. HENRY, Defendants, and JBI, INC. Nominal Defendant.

PLAINTIFFS UNOPPOSED MOTION FOR LEAVE TO FILE MEMORANDUM OF LAW IN EXCESS OF TWENTY PAGES Pursuant to Local Rule 7.1(B)(4), Plaintiff Erwin Grampp (Plaintiff) respectfully moves this Court for leave to file a memorandum of law in excess of twenty pages in opposition to the Individual Defendants Motion To Dismiss Plaintiffs Verified Shareholder Derivative Complaint. Plaintiff seeks up to an additional ten pages for his opposition memorandum in order to thoroughly respond to the Individual Defendants Joint Brief. oppose this motion. On July 27, 2012, defendants John Bordynuik, Dr. Jacob Smith, Ronald C. Baldwin, Jr., Amy Bradshaw, John M. Wesson, Robin Bagai, Gregory Goldberg, and Theodore J. Henry Defendants counsel do not

Case 1:12-cv-10495-MLW Document 26 Filed 09/24/12 Page 2 of 3

(collectively the Individual Defendants) filed their joint motion to dismiss along with the Individual Defendants Memorandum In Support Of Their Motion To Dismiss The Complaint (the Individual Defendants Joint Brief). The Individual Defendants Joint Brief consists of a thirty-page, four-part, highly factintensive argument. Each of the four headings has several sub-headings and pertains to multiple defendants. A thorough response will require an equally fact-intensive analysis, thereby

justifying exceeding the usual page limits. Plaintiff requests leave to file a memorandum of law in excess of twenty pages in order to comprehensively address each of the arguments presented by the Individual Defendants. If this request is granted, Plaintiffs memorandum of law will not exceed 30 pages. WHEREFORE, Plaintiff respectfully requests leave of Court to file a memorandum of up to thirty pages in length in support of his opposition to the Individual Defendants Motion To Dismiss Plaintiffs Verified Shareholder Derivative Complaint. CERTIFICATION PURSUANT TO LOCAL RULE 7.1(A)(2) Undersigned counsel certifies that they have contacted counsel for the Defendants concerning this motion with the following results: counsel for the Defendants indicated that the Defendants do not oppose the relief sought by this motion.

Dated: September 24, 2012

Respectfully submitted, PASTOR LAW OFFICE LLP /s/ David Pastor David Pastor (BBO) #391000 63 Atlantic Avenue, 3rd Floor Boston, MA 02110 Tel: (617) 742-9700 Fax: (617) 742-9701 Email: dpastor@pastorlawoffice.com
2

Case 1:12-cv-10495-MLW Document 26 Filed 09/24/12 Page 3 of 3

FARUQI & FARUQI, LLP Beth A. Keller 369 Lexington Avenue, 10th Floor New York, NY 10017 Tel: (212) 983-9330 Fax: (212) 983-9331 Email: bkeller@faruqilaw.com FARUQI & FARUQI, LLP Michael J. Hynes 101 Greenwood Avenue, Suite 600 Jenkintown, PA 19046 Tel: (215) 277-5770 Fax: (215) 277-5771 Email: mhynes@faruqilaw.com lroseler@faruqilaw.com Counsel for Plaintiff

CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on September 24, 2012.

/s/ David Pastor David Pastor