Justin Layshock v. Hermitage Sch Dist

Filing 22

MOTION filed by Appellees/Cross-Appellants Cheryl Layshock, Donald Layshock and Justin Layshock for Extension of Time to File Brief until 05/22/2008. Response due on 05/23/2008. Certificate of Service dated 05/08/2008. [07-4465, 07-4555] (DMM) [Entered: 05/08/2008 04:04 PM]

IN THE UNITED STATES COURT OF APPEALS
FOR THE TIDRD CIRCUIT
LAYSHOCK, ET AL.,
Plaintiffs/Appellees,

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Nos. 07-4465 and 07-4555

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HERMITAGE SCHOOL DISTRICT
Defendant/Appellant.

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MOTION FOR EXTENSION OF TIME

Appellees hereby move for a ten-day extension of time to file their brief, and as grounds
therefor aver as follows:
1.

By Order dated March 5, 2008, the Court granted the parties' joint motion to establish a
briefing schedule. Plaintiffs'/Appellees' brief is due on Monday, May 12,2008.

2.

Unforeseen demands upon Plaintiffs'/Appellees' counsel in other cases has prevented the
undersigned from being able to complete the brief with the thoroughness and detail
warranted by the important constitutional issues raised in the appeal. This request is not
made for dilatory or other improper reasons.

3.

Granting this motion will not prejudice the opposing party in any foreseeable way. The
deadlines set in the March 5 order can be postponed by ten days.

4.

Defendant's/Appellee's counsel, Anthony Sanchez, does not oppose this request but thus
far has been unable to reach his clients to obtain their consent.

WHEREFORE. Plaintiffs/Appellees respectfully request a ten-day extension to file their brief.

Respectfully submitted,

a.f.. ~~

Witold / W a l e ?
PA ill No. 62976

ACLU of Pennsylvania
313 Atwood Street
Pittsburgh, PA 15213
(t) 412-681-7864
(f) 412-681-8707
(e-mail) [e-mail]

Kim M. Watterson
Reed Smith, LLP
435 Sixth Avenue
Pittsburgh, PA 15219-1886
(t) 412-288-7996
[e-mail]
Counsel for Plaintiffs/Appellees

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CERTIFICATE OF SERVICE
I, Witold J. Walczak, hereby certify that on this 8th day of May, 2008, I served a true and
correct copy of the foregoing MOTION FOR EXTENSION OF TIME, via electronic mail and
fIrst-class mail, upon the following:

Anthony Sanchez
Andrews & Price
1500 Ardmore Blvd., Suite 506
Pittsburgh, PA 15221
Counsel for Defendants!Appellants

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IN THE UNITED STATES COURT OF APPEALS

FOR THE TIDRD CIRCillT

LAYSHOCK, ET AL.,
Plaintiffs/Appellees,

v.
HERMITAGE SCHOOL DISTRICT
Defendants/Appellants.

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Nos. 07-4465 and 07-4555

ORDER
Having read and considered Plaintiffs'/Appellees' Motion for an Extension of Time to
file their brief, and for good cause shown, it is hereby ORDERED on this _ _ day of May,
2008, that the Motion is GRANTED.
The second-step brief is now due on May 23, 2008;
The third-step brief is now due on July 9, 2008; and
The fourth-step brief is now due on July 25, 2008.