Albert Snyder v. Fred Phelps, Sr.

Filing 47

MOTION filed by Appellee Albert Snyder to extend filing time for response brief until August 11, 2008. Date of service: 07/28/2008 [997903677] [08-1026] (SES)

Albert Snyder v. Fred Phelps, Sr.

Doc. 47

No. 08-1026 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ALBERT SNYDER, Plaintiff/Appellee vs. WESTBORO BAPTIST CHURCH, INC., et al., Defendants/Appellants Appeal from the District of Maryland Trial Court Judge: Honorable Robert D. Bennett District Court Docket Number 06-CV-1389 APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO AMICI BRIEFS Appellee, Albert Snyder, by and through counsel, pursuant to FRAP 26 and Local Rule 26(b), respectfully requests your Honorable Court grant him an extension of time within which to file a response to the amicus curiae brief filed by Thomas Jefferson Center for the Protection of Free Expression (Doc. 37) and the amicus curiae/intervenor brief filed by American Civil Liberties Union and ACLU of Maryland (Doc. 39), and in support thereof states as follows:

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1. The Thomas Jefferson Center for the Protection of Free Expression filed an amicus curiae brief on June 18, 2008, in support of Appellants seeking reversal. 2. The American Civil Liberties Union and ACLU of Maryland filed an amicus brief on June 25, 2008, in support of Appellants. 3. Professor Jeffrey I. Shulman, an Associate Professor at the Georgetown University Law Center, Washington, D.C., intends to file an amicus brief as to whether and to what extent religious entities are constitutionally protected from tort liability for religiously motivated conduct. 4. The Shulman amicus brief will not discuss whether and to the extent religious entities may be constitutionally protected from tort liability by freedom of speech. 5. Appellee desires an additional 14 days to file a response to the amici briefs as to freedom of speech. 6. Appellee will not duplicate argument made by Professor Shulman. 7. Federal Rule of Appellate Procedure 26(b) and Local Rule 26(b) authorize the Court to extend the time prescribed by the rules to file a response to a brief. 8. Appellee believes and therefore avers that neither Appellants nor Amici will be prejudiced by an extension of time.

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9. Counsel for Appellants and for Amici have been informed of Appellee's intention to file this motion. As of this time, a response regarding concurrence has been received from counsel for Thomas Jefferson Center for the Protection of Free Expression, who concurs in our request. In the event that the remaining counsel concur, Appellee will immediately notify the Court of the same. WHEREFORE, Appellee, Albert Snyder, respectfully requests that your Honorable Court extend the time for filing a response to the amici briefs to and including August 11, 2008. BARLEY SNYDER LLC /s/ Sean E. Summers By: Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone] Craig T. Trebilcock Shumaker Williams PC 1 East Market Street York, PA 17401 [phone] Attorneys for Plaintiff/Appellee

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CERTIFICATE OF SERVICE I hereby certify that on this date Plaintiff/Appellee's Motion for Extension of Time to File Response to Amici Briefs is being served in the following manner: Via EM/ECF System Margie Jean Phelps, Esq.: [e-mail] John Joshua Wheeler, Esq.: [e-mail] David T. Schur, Esq.: [e-mail] Steven R. Shapiro, Esq.: [e-mail] Deborah Jeon, Esq.: [e-mail] BARLEY SNYDER LLC /s/ Sean E. Summers By: Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone] Date: July 28, 2008