LYTTLE v. The UNITED STATES OF AMERICA et al

Filing 14

MOTION for Extension of Time to File Answer re 8 Complaint by North Carolina Department of Correction. (Finarelli, Joseph).

LYTTLE v. The UNITED STATES OF AMERICA et al

Doc. 14

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:10-CV-142-D MARK DANIEL LYTTLE, Plaintiffs, v. THE UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) ) ) ) ) )

MOTION TO EXTEND TIME TO FILE ANSWER OR OTHERWISE PLEAD FOR DEFENDANT NORTH CAROLINA DEPARTMENT OF CORRECTION Fed. R. Civ. P. 6(b) Local Civil Rule 83.1, EDNC

Now comes Defendant North Carolina Department of Correction (hereinafter, "Defendant" or "moving Defendant"), through counsel, North Carolina Attorney General Roy Cooper and Assistant Attorney General Joseph Finarelli, to request an extension of time until 27 December 2010, to answer or otherwise respond to the Complaint. In support of this motion, Defendant shows unto the Court the following: 1. On 13 October 2010, Plaintiff filed a Complaint against numerous parties, including

Defendant, alleging violations of 42 U.S.C. § 1983 and asserting various claims under North Carolina state law. 2. the Complaint. 3. Defendant was served with a copy of the "corrected" Complaint via certified mail on On 15 October 2010, Plaintiff filed a "corrected" (and virtually identical) version of

4 November 2010, making Defendant's Answer or other responsive pleading due on or before 24 November 2010. 4. Undersigned counsel for Defendant require an enlargement of time until 27 December

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2010 to investigate the various claims made by Plaintiff against Defendant and to file an Answer or otherwise respond to the Complaint. 5. expired. 6. Undersigned counsel for Defendant has consulted with counsel for the Plaintiff and Defendant's time to answer or otherwise respond to the Complaint has not yet

counsel for the defendant United States of America who both consent to the granting of the requested enlargement of time. WHEREFORE, Defendant North Carolina Department of Correction move the Court for an Order enlarging time in which to Answer or otherwise respond to Plaintiff's Complaint up to and including 27 December 2010. Respectfully submitted, this the 19th day of November, 2010.

ROY COOPER Attorney General

/s/ Joseph Finarelli Joseph Finarelli Assistant Attorney General North Carolina State Bar Number: 26712 North Carolina Department of Justice Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant North Carolina Department of Correction

The undersigned hereby certifies that on 19 November 2010, I electronically filed the foregoing Notice of Appearance with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following counsel of record: COUNSEL FOR PLAINTIFF: Jeremy L. McKinney N.C. State Bar No.23318 [e-mail] Ann Marie Dooley N.C. State Bar No. 33895 [e-mail] McKinney & Justice, P.A. P.O. Box 1800 Greensboro, North Carolina 27402 Michael E. Johnson Georgia Bar No. 395039 [e-mail] Brian P. Watt Georgia Bar No. 741841 [e-mail] Alexandria J. Reyes Georgia Bar No. 428936 [e-mail] Bank of America Plaza, Suite 5200 600 Peachtree Street, N.E. Atlanta, Georgia 30308-2216 Katherine L. Parker N.C. State Bar No. 36263 [e-mail] American Civil Liberties Union of North Carolina Legal Foundation P.O. Box 28004 Raleigh, North Carolina 27611

Judy Rabinovitz [e-mail] American Civil Liberties Union Foundation Immigrants' Rights Project 125 Broad Street, 18th Floor New York, New York 10004 COUNSEL FOR DEFENDANT UNITED STATES OF AMERICA James R. Whitman D.C. Bar No. 987694 [e-mail] United States Department of Justice Torts Branch, Civil Division P.O. Box 7146 Ben Franklin Station Washington, D.C. 20044-7146 This the 19th day of November, 2010. Respectfully submitted,

/s/ Joseph Finarelli Joseph Finarelli Assistant Attorney General

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:10-CV-142-D MARK DANIEL LYTTLE, Plaintiffs, v. THE UNITED STATES OF AMERICA, et al., Defendants. TO: ) ) ) ) ) ) ) ) ) )

ORDER

THE HONORABLE CLERK OF SAID COURT:

Upon motion of Defendant North Carolina Department of Correction, through counsel and for good cause shown, it is ORDERED that Defendant North Carolina Department of Correction be allowed up to and including 27 December 2010 in which to serve an Answer or otherwise respond to the Complaint. IT IS SO ORDERED. THIS the ________day of ____________, 20___.

Dennis P. Iavarone, Clerk of Court