Cambridge University Press et al v. Patton et al

Filing 391

Unopposed MOTION for Extension of Time to File Proposed Post Trial Findings of Fact and Conclusions of Law with Brief In Support by J. L. Albert, Mark P. Becker, Kenneth R. Bernard, Jr, Larry R. Ellis, Rutledge A. Griffin, Jr, Robert F. Hatcher, C. Thomas Hopkins, Jr, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Risa Palm, Doreen Stiles Poitevint, Willis J. Potts, Jr, Neil L. Pruitt, Jr, Wanda Yancey Rodwell, Nancy Seamans, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Larry Walker, Philip A. Wilheit, Sr. (Schaetzel, Stephen)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, Civil Action No. 1:08-CV-1425-ODE -vs.MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. UNOPPOSED MOTION FOR A ONE WEEK EXTENSION OF TIME TO FILE PROPOSED POST TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW Now come the above-named Defendants and move for a one (1) week extension of time, from July 15, 2011 until July 22, 2011, to file proposed post trial findings of fact and conclusions of law in the above-referenced matter. At the conclusion of the trial, the Court set July 15, 2011 as the due date for filing of the post-trial papers. This due date was based on a tentative estimate by the Court Reporter that the final transcript would be completed on or about June 28, thus allowing the parties approximately two (2) weeks to complete post-trial papers. As of July 8, the parties have yet to receive the entire transcript.1 In view thereof, the Defendants move for a one (1) week extension such that the parties would file posttrial findings and conclusions on Friday, July 22. The Defendants further move for a corresponding extension of the time for filing a response, until July 29, 2011. The Defendants have contacted counsel for the Plaintiffs regarding this motion, and are authorized to state that the Plaintiffs do not oppose the foregoing motion for a one week extension of time. It is respectfully submitted that good cause has been shown for the motion. A proposed order is attached for the convenience of the Court. Respectfully submitted this 10th day of July, 2011. SAMUEL S. OLENS Georgia Bar No. 551540 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 1 The parties have yet to receive at least several volumes (days) of the transcript. 2 KING & SPALDING LLP /s/ Stephen M. Schaetzel Stephen M. Schaetzel Georgia Bar No. 628653 John W. Harbin Georgia Bar No. 324130 Mary Katherine Bates Georgia Bar No. 384250 KING & SPALDING LLP 1180 Peachtree Street, N.E. Atlanta, GA 30309 Telephone: (404) 572-4600 Facsimile: (404) 572-5100 Email: sschaetzel@kslaw.com Anthony B. Askew Georgia Bar No. 025300 Special Assistant Attorney General McKeon, Meunier, Carlin & Curfman, LLC 817 W. Peachtree Street NW, Suite 900 Atlanta, GA 30308 Phone: 404-645-7709 Fax: 404-645-7707 taskew@m2IPlaw.com Katrina M. Quicker Georgia Bar No. 590859 BALLARD SPAHR LLP 999 Peachtree Street, Suite 1000 Atlanta, GA 30309-3915 Telephone: (678) 420-9300 Facsimile: (678) 420-9301 Email: quickerk@ballardspahr.com Attorneys for Defendants 3 CERTIFICATE OF COMPLIANCE I hereby certify, pursuant to L.R. 5.1B and 7.1D of the Northern District of Georgia, that the foregoing UNOPPOSED MOTION FOR A ONE WEEK EXTENSION OF TIME TO FILE POST TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW complies with the font and point selections approved by the Court in L.R. 5.1B. The foregoing pleading was prepared on a computer using 14-point Times New Roman font. /s/ Stephen M. Schaetzel______ Stephen M. Schaetzel Georgia Bar No. 628653 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Civil Action File No.1:08-CV-1425-ODE Plaintiffs, -vs.MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. [PROPOSED] ORDER For good cause shown, it is hereby ORDERED that the time for all parties to file post-trial findings of fact and conclusions of law is extended for one (1) week, until and including July 22, 2011. The time for all parties to file any response is correspondingly extended until and including July 29, 2011. SO ORDERED the ____ day of July, 2011. _____________________________ The Honorable Orinda D. Evans United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, Civil Action No. 1:08-CV-1425-ODE -vs.MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that, on this 10th day of July, 2011, I have electronically filed the foregoing UNOPPOSED MOTION FOR A ONE WEEK EXTENSION OF TIME TO FILE POST TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW PROPOSED SCHEDULING ORDER 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: 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 Jonathan Bloom 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/ Stephen M. Schaetzel________ Stephen M. Schaetzel Georgia Bar No. 628653 2