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)

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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. } } } } } } } } } 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. 1 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 (205) 254-2369/(205) 254-2502 (fax) 2 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 (205) 252-8841 /s/Fredric L. Fullerton, II Of Counsel 3

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