LYTTLE v. The UNITED STATES OF AMERICA et al

Filing 54

CORRECTED MOTION for Extension of Time to File Response to 47 Motion to Dismiss filed by Mark Daniel Lyttle. (Attachments: # 1 Text of Proposed Order) (Reyes, Alexandria)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
CASE NO. 4:10-CV-142-D
)
)
)
Plaintiff,
)
)
v.
)
THE UNITED STATES OF AMERICA, )
et al.,
)
)
Defendants.
)
MARK DANIEL LYTTLE,

CORRECTED 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

This Corrected Unopposed Motion for Extension of Time to Respond to
Defendants’ Motions to Dismiss is being filed to replace the Motion at Dkt. No. 53
to correct an error. 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:

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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.

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 18, 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 25, 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.

TROUTMAN SANDERS LLP
/s/ Alexandria J. Reyes
MICHAEL E. JOHNSON
Georgia Bar No. 395039
[e-mail]
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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
Tel: [phone]
Fax: [phone]

With Co-Counsel:
MCKINNEY & JUSTICE, P.A.
JEREMY L. MCKINNEY
N.C. Bar No. 23318 [e-mail]
910 North Elm Street
Post Office Box 1800
Greensboro, North Carolina 27402
Tel: [phone]
Fax: [phone]
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: [phone]
Fax: [phone]
[e-mail]
AMERICAN CIVIL LIBERTIES UNION
IMMIGRANTS’ RIGHTS PROJECT
JUDY RABINOVITZ
American Civil Liberties Union Foundation
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Immigrants’ Rights Project
125 Broad Street, 18th Floor
New York, NY 10004
Tel: [phone]
Fax: [phone]
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2011, I electronically filed the preceding
CORRECTED 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.

TROUTMAN SANDERS LLP
/s/ Alexandria J. Reyes
ALEXANDRIA J. REYES
Georgia Bar No. 428936
[e-mail]
Bank of America Plaza, Suite 5200
600 Peachtree Street, N.E.
Atlanta, Georgia 30308-2216
Tel: [phone]
Fax: [phone]

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