Hunter v. Salem, Missouri, City of et al

Filing 45

MOTION for Extension of Time to File ;Extension to file the following: designation of neutral ;Proposed extension date December 21, 2012 by Plaintiff Anaka Hunter. (Rothert, Anthony)

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANAKA HUNTER,
Plaintiff,
vs.
CITY OF SALEM, MISSOURI, et al.,
Defendants.

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Case No. 4:12-CV-4 ERW

MOTION FOR EXTENSION OF TIME TO COMPLY WITH
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION
Comes now Plaintiff and moves this Court for entry of an order extending from
December 7, 2012, through December 21, 2012, the time for her counsel to notify the clerk of
the agreed choice of neutral selected by the parties and date, time, and place of the initial ADR
conference. In support, Plaintiff states:
1.

On November 2, 2012, this Court entered its order referring this case to

alternative dispute resolution. Doc. # 40.
2.

This Court appointed one of Plaintiff’s attorneys, Anthony E. Rothert, as lead

counsel responsible for working with the parties and the neutral to coordinate ADR.
3.

One of the responsibilities of lead counsel is to “[n]ot later than December 7,

2012,” notify the clerk of the agreed choice of neutral selected by the parties and the date, time,
and place of the initial ADR conference.
4.

On November 13, 2012, Plaintiff’s counsel proposed to Defendants’ counsel four

possible neutrals to conduct mediation in this case. Receiving no response, Plaintiff’s counsel
discussed the issue with Defendants’ counsel during a telephone call on November 18, 2012. On

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December 6, 2012, inquired by email about the status of a response. As of the filing of this
motion, Plaintiff’s counsel has not received a response.
5.

The parties have worked together amicably and have had settlement discussions;

thus, Plaintiff requests a two-week extension of time, through December 21, 2012, for
compliance with this Court’s order.
WHEREFORE Plaintiff respectfully requests this Court enter an order extending from December
7, 2012, through December 21, 2012, the time for her counsel to notify the clerk of the agreed
choice of neutral selected by the parties and date, time, and place of the initial ADR conference,
and allow such other and further relief as is just and proper under the circumstances.
Respectfully submitted,
/s/ Anthony E. Rothert
ANTHONY E. ROTHERT, #44827MO
GRANT R. DOTY, #60788MO
AMERICAN CIVIL LIBERTIES UNION OF
EASTERN MISSOURI
454 Whittier Street
St. Louis, Missouri 63108
[phone]
FAX: [phone]
[e-mail]
[e-mail]
DANIEL MACH
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
915 15th Street NW
Washington, DC 20005
[phone]
FAX: [phone]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

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CERTIFICATE OF SERVICE
I hereby certify that on December 8, 2012, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system and a copy was made available electronically to all
electronic filing participants.

/s/ Anthony E. Rothert

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