Toffoloni v. LFP Publishing Group, LLC

Filing 157

Consent MOTION for Leave to File Excess Pages (Plaintiff's Response to Defendant's Motion for Summary Judgment) by Maureen Toffoloni. (Decker, Richard)

Toffoloni v. LFP Publishing Group, LLC

Doc. 157

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA MAUREEN TOFFOLONI, as Administrarix and Personal Representative of the ESTATE OF NANCY E. BENOIT, Plaintiff, v. LFP PUBLISHING GROUP, LLC, d/b/a Hustler Magazine, MARK SAMANSKY, an Individual, and other distributors and sellers of, Hustler Magazine, as Defendants X, Y, and Z, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:08-CV-0421-TWT

CONSENT MOTION OF PLAINTIFF TO EXTEND PAGE LIMITATION AND BRIEF IN SUPPORT THEREOF COMES NOW Plaintiff, Maureen Toffoloni, as Administratrix and Personal Representative of the Estate of Nancy E. Benoit ("Plaintiff"), through counsel, and pursuant to Rule 7.1(D) of the Local Rules of the Northern District of Georgia, and with the knowledge and consent of counsel for Defendants, file this Consent Motion to Extend the Page Limitation on her Response to Defendants' Motions for Summary Judgment.
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Dockets.Justia.com

This Court is authorized to grant Plaintiff's Motion under Rule 7.1(D) of the Local Rules for the Northern District of Georgia. Rule 7.1(D) provides in part that, "[a]bsent prior permission of the court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages." Plaintiff requests that this Court extend the page limitation of Plaintiff's Response Brief from twenty-five (25) pages to thirty (30) pages. In its Response Brief, Plaintiff addresses several complex legal issues that require a limited extension of the number of pages allowed by this Court for such Response. Plaintiff is concurrently filing with this Motion a Consent Order granting its Motion, and is authorized to represent that Defendant, through its counsel, has been notified of Plaintiff's Consent Motion and has agreed to this page limit extension. Plaintiff therefore respectfully requests that the Court extend the page limitation for Plaintiff's Brief in Response to Defendant's Motion for Summary Judgment from twenty-five (25) pages to thirty (30) pages.

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Respectfully submitted August 31, 2010. /s/ Richard P. Decker RICHARD P. DECKER State Bar of Georgia #215600 F. EDWIN HALLMAN, JR. State Bar of Georgia #319800 RICHARD A. WINGATE State Bar of Georgia #770617 ZACHARY M. WILSON III State Bar of Georgia #559581 For HALLMAN & WINGATE, LLC Attorneys for Plaintiff 166 Anderson Street, S.E. Suite 210 Marietta, Georgia 30060 [phone]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA MAUREEN TOFFOLONI, as Administrarix and Personal Representative of the ESTATE OF NANCY E. BENOIT, Plaintiff, v. LFP PUBLISHING GROUP, LLC, d/b/a Hustler Magazine, MARK SAMANSKY, an Individual, and other distributors and sellers of, Hustler Magazine, as Defendants X, Y, and Z, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:08-CV-0421-TWT

CONSENT ORDER Having read the Consent Motion of Plaintiff to extend the page limitation for filing Plaintiff's Response to Defendant's Motion for Summary Judgment from twenty-five (25) pages to thirty (30) pages, pursuant to Local Rule 7.1(D) of the Northern District of Georgia, and for good cause shown, Plaintiff's Motion is hereby GRANTED, and Plaintiff shall be allowed thirty (30) pages in its Response to Defendant's Motion for Summary Judgment.
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This the _____ day of _______________, 2010.

Hon. Thomas W. Thrash, Jr. United States District Judge Submitted by: /s/ Richard P. Decker RICHARD P. DECKER State Bar of Georgia #215600 For HALLMAN & WINGATE, LLC Attorneys for Plaintiff 166 Anderson Street, S.E. Suite 210 Marietta, Georgia 30060 [phone]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA MAUREEN TOFFOLONI, as Administrarix and Personal Representative of the ESTATE OF NANCY E. BENOIT, Plaintiff, v. LFP PUBLISHING GROUP, LLC, d/b/a Hustler Magazine, MARK SAMANSKY, an Individual, and other distributors and sellers of, Hustler Magazine, as Defendants X, Y, and Z, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:08-CV-0421-TWT

CERTIFICATE OF SERVICE This is to certify that on August 31, 2010, I have electronically filed the foregoing Consent Motion to Extend Page Limitation with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to the following attorney(s) of record: James Clifton Rawls, Esq. S. Derek Bauer, Esq. Barry J. Armstrong, Esq.
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Darrell Jay Solomon, Esq. Jeffrey F. Reina, Esq. Paul J. Cambria, Esq. and by placing a copy of same in the United States Mail in a properly addressed envelope with adequate postage thereon to: William M. Feigenbaum, Esq. Lipsitz, Green, Scime, Cambria, LLP 42 Delaware Avenue, Suite 120 Buffalo, NY 14202 /s/ Richard P. Decker RICHARD P. DECKER State Bar of Georgia #215600 For HALLMAN & WINGATE, LLC Attorneys for Plaintiff 166 Anderson Street, S.E. Suite 210 Marietta, Georgia 30060 [phone]

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