Cambridge University Press et al v. Patton et al

Filing 413

Consent MOTION for Extension of Time to File Response Briefing on Proposed Post Trial Findings of Fact and Conclusions of Law re: 409 Proposed Findings of Fact, 412 Proposed Findings of Fact, 411 Proposed Order, 392 Order on Motion for Extension of Time, 410 Proposed Findings of Fact, 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. CONSENT MOTION FOR A SHORT EXTENSION OF TIME TO FILE RESPONSE BRIEFING ON PROPOSED POST TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW Now come the above-named Defendants and notify the Court of the Parties’ agreement to a short extension of time, from July 29, 2011 until 6 pm Eastern Standard Time, Saturday, July 30, 2011, to file responsive briefing on the Parties’ proposed post trial findings of fact and conclusions of law in the above-referenced matter, and move the court to grant this consent motion for the same. At the conclusion of the trial, the Court set July 15, 2011 as the due date for filing of the post-trial papers and one week after for filing responsive papers. On July 11, 2011, this Court granted an extension for filing post-trial papers to July 22, 2011, thereby extending the deadline for responsive briefing to July 29, 2011. (Dkt. 392.) Defendants’ response brief electronic file has become corrupted and cannot be edited. Defendants are informed by technical support that it will take several hours to correct the problem (i.e., “clean” the document). Defendants have contacted counsel for Plaintiffs regarding this problem, and Defendants are authorized to represent that Plaintiffs have consented to extending the time for both sides to file responsive papers until 6 pm Eastern Standard Time, Saturday, July 30, 2011. It is respectfully submitted that good cause has been shown for the motion to extend the time for filing. A proposed order is attached for the convenience of the Court. 2 Respectfully submitted this 29th 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 KING & SPALDING LLP /s/ Stephen M. Schaetzel Stephen M. Schaetzel Georgia Bar No. 628653 John W. Harbin Georgia Bar No. 324130 Natasha H. Moffitt Georgia Bar No. 367468 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 3 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 4 CERTIFICATE OF COMPLIANCE I hereby certify, pursuant to L.R. 5.1B and 7.1D of the Northern District of Georgia, that the foregoing CONSENT MOTION FOR A SHORT EXTENSION OF TIME TO FILE RESPONSE BRIEFING ON PROPOSED 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] CONSENT ORDER For good cause shown, it is hereby ORDERED that the time for all parties to file response briefing to proposed post-trial findings of fact and conclusions of law is extended until 6 pm Eastern Standard Time, Saturday, July 30, 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 29th day of July, 2011, I have electronically filed the foregoing CONSENT MOTION FOR A SHORT EXTENSION OF TIME TO FILE RESPONSE BRIEFING ON PROPOSED POST TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW 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