Wilson v. The Birmingham Public Library Foundation et al

Filing 39

MOTION for Extension of Time to File Response/Reply by Birmingham Library Board, City of Birmingham, Alabama, The. (Fullerton, Frederic)

FILED
2011 Aug-19 AM 09:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARBARA ANN WILSON,
Plaintiff,
v.
THE CITY OF BIRMINGHAM, et al.;
Defendants.

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2:10-CV-02386-KOB
UNOPPOSED

DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE BRIEFS
IN REPLY TO PLAINTIFF'S RESPONSE IN OPPOSITION TO
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

The Defendants, by and through their undersigned counsel, hereby
respectfully request that this Court grant them an additional seven (7) days to
submit their Brief in reply to Plaintiff’s Response in Opposition Defendants'
Motion for Summary Judgment. In support thereof, Defendants state as follows:
1.

Defendants timely filed their Motion for Summary Judgment and all
required evidentiary materials on July 20, 2011.

2.

Defendants' briefs in reply to Plaintiff’s Response in Opposition Defendants'
Motion for Summary Judgment are due to be filed Wednesday, August 31,
2011. However, Defendants seek a modest extension of seven (7) days, or
until September 7, 2011, to file their reply brief.
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3.

Plaintiff’s Response in Opposition Defendants' Motion for Summary
Judgment contain a significant number of additional factual averments that
Defendants must address, as appropriate, in accordance with the Court's
standing order. For example, Plaintiff Response in Opposition Defendants'
Motion for Summary Judgment includes one hundred and thirty three (133)
additional factual averments.

4.

Plaintiff sought and was granted a seven (7) day extension to file its’
Plaintiff’s Response in Opposition Defendants' Motion for Summary
Judgment. (Doc. 34).

5.

Further, no party to this action will be prejudiced by the granting of an
additional seven (7) days within which Defendants may submit a reply
brief. This request for additional time is not made for any improper
purpose, and will not delay or affect any current deadlines in the case.
WHEREFORE, Defendants respectfully request that the Court enter an

Order granting them an additional seven (7) days, until September 7, 2011, to file
their reply to Plaintiff’s Response in Opposition Defendants' Motion for Summary
Judgment.
Respectfully submitted,
/s/Fredric L. Fullerton, II
Fredric L. Fullerton, II
Assistant City Attorney
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City of Birmingham Department of Law
710 North 20th Street - Room 600
Birmingham, AL 35203
[phone]/[phone] (fax)
CERTIFICATE OF SERVICE
I hereby certify that I have electronically filed the foregoing with the Clerk
of the Court by using the CMF Electronic Filing System on this the 19th day of
August, 2011, which will send electronic notification of such filing to the
following:
Adam P. Morel, Esq.
Law Offices of Adam Morel, P.C.
517 Beacon Parkway, West
Birmingham, Alabama 35209
[phone]
/s/Fredric L. Fullerton, II
OF COUNSEL

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