Wilson v. The Birmingham Public Library Foundation et al

Filing 40

MOTION for Leave to File Excess Pages by Birmingham Library Board, City of Birmingham, Alabama, The. (Fullerton, Frederic)

FILED
2011 Aug-19 AM 09:46
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 TO ALLOW ADDITIONAL PAGES

The Defendants in the above-styled cause, by and through undersigned
counsel, respectfully request an Order allowing additional pages in their Reply
Brief. As support for this Motion, the Defendants state the following:
1.

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

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2.

Due to the additional factual averments and importance of the issues
in this case, the Defendants’ Reply Brief will exceed the ten (10) page
limit set by this Court’s Order pertaining to dispositive motions.

3.

Defendants anticipate their Reply Brief to Plaintiff's arguments will
range in length from twenty (20) to thirty (30) pages.

4.

The Defendants will suffer severe prejudice should any portion of
their Reply Brief be stricken.

5.

The Plaintiff will suffer no prejudice should this Motion be granted.

WHEREFORE, PREMISES CONSIDERED, Defendants respectfully
requests entry of an Order allowing them to file additional pages in their Reply
Brief.
Respectfully submitted,
/s/Fredric L. Fullerton, II
Fredric L. Fullerton, II
Assistant City Attorney
City of Birmingham Department of Law
710 North 20th Street - Room 600
Birmingham, AL 35203
[phone]/[phone] (fax)

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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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