The Maids International, Inc . v. Maids on Call, LLC et al

Filing 30

ORDER granting the Defendant's 27 Motion to Extend Time to respond to Complaint and to File Opposing Papers to Plaintiff's Motion for Preliminary Injunction. All Defendants shall have an extension of time to July 31, 2017, to file a responsive pleading to the Complaint. 2. All Defendants shall have an extension of time to July 24, 2017, to file a brief and evidence opposing Plaintiffs Motion for Preliminary Injunction (Filing No. 21 ). Ordered by Magistrate Judge Michael D. Nelson. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THE MAIDS INTERNATIONAL, INC ., a
Nebraska corporation,
Plaintiff,
vs.

8:17CV208

MAIDS ON CALL, LLC, a Connecticut
limited liability company; MAIDS ON CALL
II, LLC, a Massachusetts limited liability
company; TIMOTHY SCUSSEL;
MARYANNE SCUSSEL; SARA ROCK; and
STACEY SCUSSEL;

ORDER

Defendants.
This matter is before the Court on Defendants’ Motion to Extend Time to Respond to
Complaint and to File Opposing Papers to Plaintiff’s Motion for Preliminary Injunction (Filing
No. 27). Defendants request a twenty day extension of time to file both a responsive pleading to
the Complaint (Filing No. 1) and a brief and evidence opposing Plaintiff’s Motion for
Preliminary Injunction (Filing No. 21). Defendants request the extensions because they recently
obtained counsel and because the legal and factual issues in this case are complex.
The deadline for Defendants to file a brief and evidence opposing Plaintiff’s Motion for
Preliminary Injunction (Filing No. 21) is July 14, 2017. See NECivR 7.1(b)(1)(B). Defendants
request an extension to August 7, 2017. Plaintiff will consent only to an extension to July 24,
2017. Given Plaintiff’s allegations that Defendants’ wrongful conduct is currently causing
Plaintiff irreparable harm, the Court finds that it is in the interest of justice for the Motion for
Preliminary Injunction to be resolved expediently. Therefore, the Court will grant Defendants an
extension of time only to the date consented to by Plaintiff: July 24, 2017.
The deadline for Defendants, excluding Stacey Scussel, to file a responsive pleading to
the Complaint was July 11, 2017.1 (See Filing Nos. 16-19). Defendant Stacey Scussel currently
has until July 19, 2017, to file a responsive pleading. (See Filing No. 20). Defendants request
an extension to July 31, 2017, for all Defendants to file a responsive pleading. (Filing No. 27 at
p. 3). Plaintiff consents only to an extension of time to July 26, 2017. (Filing No. 29 at p. 2).
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Defendants filed the instant motion on July 10, 2017, before the expiration of the initial responsive pleading
deadline.

The Court finds Defendants’ requested extension to July 31, 2017, to file a responsive
pleading is reasonable. The Complaint in this case is twenty-nine pages and includes over 600
pages of attachments. Plaintiff’s concerns regarding Defendants’ alleged continued harmful
conduct during the pendency of this case will be addressed by the Motion for Preliminary
Injunction. Plaintiff does not provide any reason why it opposes a longer extension of time for
Defendants to file a responsive pleading, other than the fact that twenty-one days is sufficient
time for Defendants to respond. Under the circumstances, the Court finds Defendants have
shown good cause for an extension of time to July 31, 2017, to file a responsive pleading.
Accordingly,
IT IS ORDERED: Defendants’ Motion to Extend Time to Respond to Complaint and to
File Opposing Papers to Plaintiff’s Motion for Preliminary Injunction (Filing No. 27), is granted,
in part:
1.

All Defendants shall have an extension of time to July 31, 2017, to file a

responsive pleading to the Complaint.
2.

All Defendants shall have an extension of time to July 24, 2017, to file a brief and

evidence opposing Plaintiff’s Motion for Preliminary Injunction (Filing No. 21).
Dated this 13th day of July, 2017.

BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge

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