LYTTLE v. The UNITED STATES OF AMERICA et al

Filing 45

MOTION for Extension of Time to Answer or Otherwise Respond to Complaint (Unopposed) by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Whitman, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No. 4:10-cv-142-D
____________________________________
)
MARK DANIEL LYTTLE,
)
)
Plaintiff,
)
MOTION FOR EXTENSION OF TIME
)
TO ANSWER OR OTHERWISE
v.
)
RESPOND TO AMENDED COMPLAINT
)
BY ALL FEDERAL DEFENDANTS
UNITED STATES OF AMERICA, et al., )
)
Fed. R. Civ. P. 6(b), 15(a)(3)
Defendants.
)
Local Civil Rule 6.1
____________________________________)
FEDERAL DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION
OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT
Pursuant to Federal Rules of Civil Procedure 6(b)(1)(A) and 15(a)(3) and Local Civil
Rule 6.1, all federal defendants in this action (the United States, Dashanta Faucette, Dean
Caputo, and Robert Kendall) respectfully request that the Court extend the time for them to
answer or otherwise respond to plaintiff’s amended complaint by sixteen days, up to and
including June 24, 2011. This is the first such extension of time requested by the federal
defendants to answer or otherwise respond to plaintiff’s recently-filed amended complaint.
Counsel for the federal defendants has conferred with counsel for plaintiff, Mark Daniel Lyttle,
and is authorized to represent that plaintiff does not oppose the relief requested in this motion.
On April 27, 2011, Lyttle filed a motion seeking leave of Court to amend his complaint.
Docket No. 40. The Court granted that motion in an Order dated May 24, 2011. Docket No. 42.
In compliance with that Order, Lyttle filed his amended complaint on May 25, 2011. Docket No.

44. The federal defendants therefore currently have until June 8, 2011, to answer or otherwise
respond to Lyttle’s amended complaint. See Fed. R. Civ. P. 15(a)(3).
As the Court is likely aware, Lyttle has filed a companion case in the Northern District of
Georgia. See Lyttle v. United States, No. 10-3302 (N.D. Ga.). The parties are presently briefing
the federal defendants’ dispositive motions in that case, with Lyttle recently filing an unopposed
motion to extend the time for him to respond to those motions by no later than June 24, 2011.
In an effort save valuable judicial resources, the three individual federal defendants
anticipate filing a joint, consolidated motion and supporting brief when responding to Lyttle’s
amended complaint. The United States anticipates filing its own, separate dispositive motion.
But to have adequate time to prepare a thorough analysis of the legal and factual issues raised by
the amended complaint, and to coordinate the briefing in both of Lyttle’s cases, the federal
defendants respectfully request that the Court permit them to file their dispositive motions and
materials in support thereof in this case by no later than June 24, 2011.

Respectfully submitted this 26th day of May 2011,
TONY WEST
Assistant Attorney General, Civil Division
C. SALVATORE D’ALESSIO, JR.
Acting Director, Torts Branch
/s/ James R. Whitman
JAMES R. WHITMAN
D.C. Bar No. 987694
Trial Attorney
United States Department of Justice
Torts Branch, Civil Division
P.O. Box 7146, Ben Franklin Station
Washington, D.C. 20044-7146
Tel:
[phone]
-2-

Fax:
E-mail:

[phone]
[e-mail]

DAVID G. CUTLER
Trial Attorney, Civil Division, Torts Branch

GEORGE E.B. HOLDING
United States Attorney
W. ELLIS BOYLE
Assistant United States Attorney
Civil Division
310 New Bern Avenue
Suite 800 Federal Building
Raleigh, NC 27601-1461
Tel:
(9l9) 856-4530
Fax:
[phone]
E-mail:
[e-mail]
N.C. Bar No. 33826
Attorneys for the United States, Dashanta Faucette,
Dean Caputo, and Robert Kendall

-3-

CERTIFICATE OF SERVICE
I certify under penalty of perjury that on May 26, 2011, I electronically filed “Federal
Defendants’ Unopposed Motion for Extension of Time to Answer or Otherwise Respond to
Complaint and for Leave to File Consolidated Brief” using the Court’s CM/ECF system, which
will send notification of such filing to the following counsel of record:
COUNSEL FOR PLAINTIFF:
Jeremy L. McKinney
[e-mail]

Ann Marie Dooley
[e-mail]

Michael E. Johnson
[e-mail]

Brian P. Watt
[e-mail]

Alexandria J. Reyes
[e-mail]

Katherine L. Parker
[e-mail]

Judy Rabinovitz
[e-mail]
COUNSEL FOR DEFENDANT NORTH CAROLINA DEPARTMENT OF CORRECTION:
Joseph Finarelli
[e-mail]

/s/ James R. Whitman
JAMES R. WHITMAN
Trial Attorney
United States Department of Justice
Torts Branch, Civil Division
P.O. Box 7146, Ben Franklin Station
Washington, D.C. 20044-7146
Tel:
[phone]
Fax:
[phone]
E-mail:
[e-mail]
D.C. Bar No. 987694