LYTTLE v. The UNITED STATES OF AMERICA et al
Filing
53
First MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Dismiss, 50 Memorandum in Support, 52 Memorandum in Support, 49 MOTION to Dismiss to correct Deficiency Notice, 51 MOTION to Dismiss (to correct deficiency notice), 48 MOTION to Dismiss by Mark Daniel Lyttle. (Attachments: # 1 Text of Proposed Order) (McKinney, Jeremy)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
CASE NO.
4:10-CV-142-D
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)
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Plaintiff,
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)
v.
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THE UNITED STATES OF AMERICA, )
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et al.,
)
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Defendants.
MARK DANIEL LYTTLE,
UNOPPOSED MOTION FOR
EXTENSION OF TIME TO
RESPOND TO DEFENDANTS’
MOTIONS TO DISMISS
Fed. R. Civ. P. 6(b)(1)
Local Civil Rule 6.1
Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and Local
Civil Rule 6.1 of the United States District Court for the Eastern District of North
Carolina, Plaintiff Mark Daniel Lyttle (“Plaintiff”) hereby moves the Court for an
Order extending, by one week, the time by which he shall be required to respond to
the Motion to Dismiss [Dkt No. 47] filed by Defendant the United States of
America and the Motion to Dismiss [Dkt. No. 48], filed by Defendants Dashanta
Faucette, Dean Caputo, and Robert Kendall (collectively, the “Motions to
Dismiss”). In further support of Plaintiff’s Motion for an Extension of Time,
Plaintiff shows the Court as follows:
1.
Plaintiff filed this action on October 13, 2010 [Dkt. No. 1.]. A
Corrected Complaint was filed on October 15, 2010. [Dkt. No. 8.]
2.
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On June 24, 2011, Federal Defendants filed their Motions to Dismiss.
3.
Plaintiff’s time for responding to the Federal Defendants’ Motions to
Dismiss is July 11, 2011, and thus has not yet expired.
4.
Counsel for Plaintiff has conferred with counsel for DOC and is
authorized to represent to the Court that DOC does not oppose the requested
extension.
5.
Plaintiff respectfully requests that this Court enter the Order attached
hereto as Exhibit “A” extending his time to respond to DOC’s Motion to Dismiss
up through and including July 18, 2011.
6.
Counsel for Plaintiff has conferred with counsel for the Federal
Defendants and is authorized to represent to the Court that the Federal Defendants
do not oppose the requested extension.
Respectfully submitted this 30th day of June, 2011.
MCKINNEY & JUSTICE, P.A.
/s/ Jeremy L. McKinney
JEREMY L. MCKINNEY
N.C. Bar No. 23318
jeremy@mckinneyandjustice.com
910 North Elm Street
Post Office Box 1800
Greensboro, North Carolina 27402
Tel: (336) 275-5885
Fax: (336) 275-6045
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With Co-Counsel:
TROUTMAN SANDERS LLP
MICHAEL E. JOHNSON
Georgia Bar No. 395039
michael.johnson@troutmansanders.com
BRIAN P. WATT
Georgia Bar No. 741841
brian.watt@troutmansanders.com
ALEXANDRIA J. REYES
Georgia Bar No. 428936
alex.reyes@troutmansanders.com
Bank of America Plaza, Suite 5200
600 Peachtree Street, N.E.
Atlanta, Georgia 30308-2216
Tel: (404) 885-3000
Fax: (404) 885-3900
AMERICAN CIVIL LIBERTIES UNION
OF NORTH CAROLINA LEGAL FOUNDATION
KATHERINE LEWIS PARKER
NC Bar No. 36263
Legal Director, American Civil Liberties Of
North Carolina Legal Foundation
Post Office Box 28004
Raleigh, North Carolina 27611
Tel: (919) 834-3466
Fax: (866) 511-1344
acluncklp@nc.rr.com
AMERICAN CIVIL LIBERTIES UNION
IMMIGRANTS’ RIGHTS PROJECT
JUDY RABINOVITZ
American Civil Liberties Union Foundation
Immigrants’ Rights Project
125 Broad Street, 18th Floor
New York, NY 10004
Tel: (212) 549-2618
Fax: (212) 549-2654
jrabinovitz@aclu.org
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CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2011, I electronically filed the preceding
UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO
DEFENDANTS’ MOTIONS TO DISMISS with the Clerk of Court using the
CM/ECF system which will automatically send email notification of such filing to
all parties of record.
MCKINNEY & JUSTICE, P.A.
/s/ Jeremy L. McKinney
JEREMY L. MCKINNEY
N.C. Bar No. 23318
jeremy@mckinneyandjustice.com
910 North Elm Street
Post Office Box 1800
Greensboro, North Carolina 27402
Tel: (336) 275-5885
Fax: (336) 275-6045
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