LYTTLE v. The UNITED STATES OF AMERICA et al

Filing 58

MOTION for Extension of Time to File Reply re 47 , 49 , 48 and 51 and MOTION for Leave to File Excess Pages by Dean Caputo, Dashanta Faucette, Robert Kendall, The UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Cutler, David)

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 FILE OVERSIZE REPLY BRIEFS
v.
)
BY ALL FEDERAL DEFENDANTS
)
UNITED STATES OF AMERICA, et al., )
)
Fed. R. Civ. P. 6(b)
Defendants.
)
Local Civil Rules 6.1, 7.2
____________________________________)
FEDERAL DEFENDANTS’ UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE OVERSIZE REPLY BRIEFS
Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A) and Local Civil Rules 6.1 and 7.2,
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 file reply briefs in
support of their respective motions to dismiss by seven days, up to and including August 18,
2011. The federal defendants also request leave to exceed the ten-page limit for reply briefs by
no more than five pages per reply brief. 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 June 24, 2011, the United States filed a motion to dismiss the three claims brought
against it in Lyttle’s first amended complaint. Docket No. 47. That same day the three
individual federal defendants filed a consolidated motion to dismiss the three claims brought
against them. Docket No. 48. On July 1, 2011, the Court granted Lyttle’s unopposed motion for

a one-week extension of time to file his response briefs in opposition to those motions to dismiss,
which Lyttle did on July 25, 2011. Docket Nos. 55, 56, 57. The United States and the individual
federal defendants are therefore currently required to file reply briefs in support of their
respective motions to dismiss by no later than August 11, 2011. See Fed. R. Civ. P. 6(d); Local
Civil Rule 7.1(f). All federal defendants respectfully request a one-week extension of time, up to
and including August 18, 2011, by which to file their respective reply briefs.
In addition, to provide the Court with a thorough and thoughtful analysis of the issues
raised by Lyttle in his respective response briefs, the federal defendants request leave to file reply
briefs up to five pages in excess of the Court’s normal ten-page limit on reply briefs, for a total of
no more than fifteen pages per reply brief. See Local Civil Rule 7.2(e).

Respectfully submitted this 28th day of July 2011,
TONY WEST
Assistant Attorney General, Civil Division
C. SALVATORE D’ALESSIO, JR.
Acting Director, Torts Branch
JAMES R. WHITMAN
Trial Attorney, Civil Division, Torts Branch
/s/ David G. Cutler
DAVID G. CUTLER
IL Bar No. 6303130
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]

-2-

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 July 28, 2011, I electronically filed the attached
“Federal Defendants’ Unopposed Motion for Extension of Time to File Oversize Reply Briefs”
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/ David G. Cutler
DAVID G. CUTLER
IL Bar No. 6303130
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]