Albert Snyder v. Fred Phelps, Sr.

Filing 50

Response in support of Motion to extend filing time [47] with combined motion to extend filing time for reply brief This request for more time answers plaintiff/appellee's motion for more time until 14 days past the final day of plaintiff/appellee's final brief filed by Fred W. Phelps, Sr., Rebekah A. Phelps-Davis, Shirley L. Phelps-Roper and Westboro Baptist Church, Incorporated. Was opposing counsel informed of motion pursuant to Loc. R. 27(a)?: N. Did opposing counsel consent to granting of motion?: N. [08-1026] (MJP)

Albert Snyder v. Fred Phelps, Sr.

Doc. 50

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 Richard D. Bennett District Court Docket Number 06-CV-1389 DEFENDANTS/APPELLANTS' MOTION TO EXTEND TIME FOR REPLY BRIEF IN RESPONSE TO PLAINTIFF/APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO AMICI BRIEFS

Defendants/Appellants, and each of them, by and through counsel, hereby move the Court for additional time of fourteen (14) days past the filing of any supplemental brief by plaintiff/appellee within which to file their final reply brief herein. This motion is made in response to "Appellee's Motion for Extension of Time to File Response to Amici Briefs." In support, defendants/appellants show the Court: 1. Defendants/appellants filed their opening brief on June 16, 2008.

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2.

Two amici filed briefs on June 18 and June 25, 2008, in support of reversal of

the verdict herein. 3. 4. 5. Plaintiff/appellee filed his responsive brief on July 21, 2008. Defendants/appellants' reply brief is currently due August 4, 2008. Plaintiff/appellee filed a motion on July 28, 2008, asking for fourteen (14) days

additional time to file a further or supplemental responsive brief, answering the amici briefs. It is unclear what date precisely is requested for the filing of a supplemental brief. 6. In the same motion, plaintiff/appellee states that an amicus brief will be filed

apparently in support of upholding the verdict, presumably within seven (7) business days of the date of filing of plaintiff/appellee's brief. 7. Defendants/appellants do not object to plaintiff/appellee having additional time

to answer the amici in this case, provided defendants/appellants have additional time of fourteen (14) days after that date to file a full and final reply, to all briefs submitted by plaintiff/appellee, and to any amicus brief submitted in behalf of upholding the verdict. 8. No request to agree to a brief by the amicus identified in the motion has been

made to counsel for defendants/appellants at this time, so any objection to that particular amicus submitting a brief will be reserved until such a request is made, or a motion is made by that individual. WHEREFORE, defendants/appellants request that the Court grant them fourteen (14) days additional time beyond the date set for a final or supplemental brief
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to be submitted by plaintiff/appellee, within which to file their reply brief to all responsive briefs herein, and any amicus brief submitted in behalf of plaintiff/appellee.

Respectfully submitted, /s/ Margie J. Phelps ____________________________________ Margie J. Phelps 3734 SW 12th St. Topeka, KS 66604 785.408.4598 - ph 785.233.0766 ­ fax [e-mail] Attorney for Defendants/Appellants CERTIFICATE OF SERVICE I hereby certify that the foregoing Defendants/Appellants' Motion to Extend Time for Reply Brief in Response to Plaintiff/Appellee's Motion for Extension of Time to File Response to Amici Briefs was filed electronically and served by e-mail on Mr. Sean E. Summers, Esq. and Mr. Craig Trebilcock, Esq., on July 29, 2008. /s/ Margie J. Phelps _________________________________________ Margie J. Phelps

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