Cambridge University Press et al v. Patton et al

Filing 198

Unopposed MOTION for Extension of Time to File Brief in Opposition to Plaintiff's Motion for Summary Judgment by J. L. Albert, Kenneth R. Bernard, Jr, James A. Bishop, Robert F. Hatcher, Felton Jenkins, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Doreen Stiles Poitevint, Willis J. Potts, Jr, Wanda Yancey Rodwell, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Allan Vigil, Mark P. Becker, Nancy Seamans, Risa Palm, Frederick E. Cooper, Larry R. Ellis, Larry Walker. (Quicker, Katrina)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, v. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. Case No. 1:08-CV-1425-ODE UNOPPOSED MOTION FOR A ONE DAY EXTENSION OF TIME The above-named Defendants hereby move for a one (1) day extension of time, from April 5 to April 6, to respond to Plaintiffs' Motion for Summary Judgment ("Motion"). This extension is sought for a limited purpose--to permit the timely filing of three exhibits (deposition transcripts) cited in Defendants timely filed opposition to Plaintiffs' Motion. As shown below, Defendants attempted to file these exhibits on April 5, but due to technical difficulty, were unable to do so. As good cause, Defendants show the following. On Monday, April 5, 2010, Defendants timely filed their Brief in Opposition to Plaintiffs' Motion for Summary Judgment, their Response to Plaintiffs' Local Rule 56.1 Statement of Facts, their Supplemental Statement of Facts, and five ATL_IMANAGE-6881774.2 declarations, including two exhibits to those declarations. Also on Monday, April 5, Defendants attempted to file three deposition transcripts, namely--the deposition of Ms. Nancy Seamans; the deposition of Ms. Laura Burtle; and the January 15, 2010 expert deposition of Ms. Debra Mariniello. The Seamans and Burtle deposition had been previously filed with the court as Dkt. No. 174 and Dkt. No. 169, respectively. Defendants made a good faith effort to file all three exhibits in a single document on the evening of April 5. However, Defendants' attempt to do so failed, likely because of the large file sizes. Defendants proceeded to file the exhibits (deposition transcripts) separately. The Mariniello deposition and the Burtle depositions were filed by 12:30 a.m. on April 6. (The Burtle deposition was filed in two parts.) The Seamans deposition (Dkt. No. 174) was inadvertently omitted. Defendants are filing the Seamans deposition transcript concurrently with this Motion. Today, April 6, 2010, Defendants spoke by telephone to counsel for Plaintiffs and disclosed the filing problems encountered yesterday evening. Defendants informed Plaintiffs of their intent to file this motion. Plaintiffs stated that they would not oppose this motion for a one day extension based on timeliness, but reserved all other rights, including the right to object on other 2 ATL_IMANAGE-6881774.2 grounds. Accordingly, Defendants submit that good cause exists and that this motion for a one day extension of time should be granted. Respectfully submitted this 6th day of April, 2010. THURBERT E. BAKER Georgia Bar No. 033887 Attorney General R. O. LERER Georgia Bar No. 446962 Deputy Attorney General DENISE E. WHITING-PACK Georgia Bar No. 558559 Senior Assistant Attorney General MARY JO VOLKERT Georgia Bar No. 728755 Assistant Attorney General KING & SPALDING LLP /s/ Katrina M. Quicker Anthony B. Askew Georgia Bar No. 025300 Special Assistant Attorney General Stephen M. Schaetzel Georgia Bar No. 628653 Katrina M. Quicker Georgia Bar No. 590859 Kristen A. Swift Georgia Bar No. 702536 Attorneys for Defendants 3 ATL_IMANAGE-6881774.2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, v. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. Case No. 1:08-CV-1425-ODE CERTIFICATE OF SERVICE The undersigned hereby certifies that, on this 6th day of April, 2010, I have electronically filed the foregoing Defendants' Unopposed Motion for a One Day Extension of Time with the Clerk of the Court using the CM/ECF system, which will automatically send e-mail notification of such filing to the following attorneys of record: 4 ATL_IMANAGE-6881774.2 Edward B. Krugman krugman@bmelaw.com Georgia Bar No. 429927 Corey F. Hirokawa hirokawa@bmelaw.com Georgia Bar No. 357087 John H. Rains IV Georgia Bar No. 556052 BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree Street NW Suite 3900 Atlanta, GA 30309 Telephone: (404) 881-4100 Facsimile: (404) 881-4111 R. Bruce Rich Randi Singer Todd D. Larson WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 /s/ Katrina M. Quicker________ Katrina M. Quicker (Ga. Bar No. 590859) 5 ATL_IMANAGE-6881774.2