EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al

Filing 53

MOTION for Enlargement of Time to File Reply Brief in Support of 38 MOTION to Dismiss, 42 MOTION to Dismiss, 36 MOTION to Dismiss, 25 Order on Motion to Exceed Page Limit, Order on Motion for Extension of Time To File Motion, Order on Motion for Leave to File Excess Pages, 40 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6), 51 Response in Opposition to Motion, by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. Responses due by 5/21/2008 (Attachments: # 1 Text of Proposed Order) (GILLESPIE, REGINALD) Modified on 4/29/2008 to reflect accurate title of pldg. (Lee, Lisa).

EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al

Doc. 53

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NO. 1:07-CV-00739 ) ) Plaintiffs, ) ) v. ) ) ) THE CITY OF DURHAM, NORTH CAROLINA, ) et al., ) ) ) Defendants. DAVID F. EVANS, et al.,

MOTION FOR ENLARGEMENT OF TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT

NOW COME Defendants City of Durham, North Carolina, David Addison, Patrick Baker, Steven Chalmers, Beverly Council, Mark Gottlieb, Benjamin Himan, Ronald Hodge, Jeff Lamb, Michael Ripberger, and Lee Russ (the "City of Durham Defendants"), herein by and through their attorneys, and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.1(a) and LR7.3(h), MDNC, move the Court to enlarge by seven days, through and including May 9, 2008, the time within which the City of Durham Defendants may file and serve reply briefs in support of their motions to dismiss. IN SUPPORT WHEREOF, the City of Durham Defendants respectfully show the Court the following: 1. Pursuant to the Court's briefing/scheduling order, the City of Durham

Defendants must file and serve reply briefs on or before May 2, 2008. Thus, this Motion is made before the expiration of the time allowed.

Dockets.Justia.com

2.

The undersigned counsel to the City of Durham Defendants show the Court

that, because of the number and complexity of the questions presented additional time is needed by counsel to prepare, file, and serve a reply brief. 3. The undersigned further show the Court that they have consulted with counsel

to Plaintiffs concerning this Motion and that counsel to Plaintiffs consent to the enlargement of time herein requested. 4. The undersigned counsel to the City of Durham Defendants respectfully

submit that the foregoing request for a brief enlargement of time is reasonable, justified, and will not unduly, if at all, delay the ultimate disposition of this action. 5. The undersigned further respectfully submit that fairness and the interests of

justice fully warrant allowing this motion and granting the enlargement of time herein requested.

WHEREFORE, Defendants City of Durham, North Carolina, David Addison, Patrick Baker, Steven Chalmers, Beverly Council, Mark Gottlieb, Benjamin Himan, Ronald Hodge, Jeff Lamb, Michael Ripberger, and Lee Russ respectfully pray that this motion be granted, and that they be allowed the enlargement of time herein requested. .

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This the 28th day of April, 2008. FAISON & GILLESPIE By: /s/ Reginald B. Gillespie, Jr. Reginald B. Gillespie, Jr. North Carolina State Bar No. 10895 Attorneys for Defendant the City of Durham, North Carolina Post Office Box 51729 [27717-1729] 5517 Chapel Hill Blvd., Suite 2000 Durham, North Carolina 27707 Telephone: [phone] Fax: [phone] E-Mail:[e-mail] POYNER & SPRUILL LLP By:/s/ Edwin M. Speas Edwin M. Speas North Carolina State Bar No. 4112 Attorneys for Defendant Mark Gottlieb 3600 Glenwood Avenue Raleigh, North Carolina 27612 Telephone: [phone] Fax: [phone] E-Mail: [e-mail] MAXWELL, FREEMAN & BOWMAN, P.A. By: /s/ James B. Maxwell James B. Maxwell North Carolina State Bar No. 2933 Attorneys for Defendant David Addison Post Office Box 52396 Durham, North Carolina 27717 Telephone: [phone] Fax: [phone] E-Mail: [e-mail] SIGNATURES OF COUNSEL CONCLUDED ON NEXT PAGE -3STEPTOE & JOHNSON LLP By: /s/ Roger E. Warin Roger E. Warin* Michael A. Vatis* John P. Nolan* Ana H. Voss* Attorneys for Defendant the City of Durham, North Carolina 1330 Connecticut Avenue, NW Washington, DC 20035 Telephone: [phone] Fax: [phone] E-Mail: [e-mail] *(Motion for Special Appearance to be filed)

TROUTMAN SANDERS LLP By:/s/ Patricia P. Kerner Patricia P. Kerner North Carolina State Bar No. 13005 Attorneys for Defendants Patrick Baker, Steven Chalmers, Ronald Hodge, Lee Russ, Stephen Mihaich, Beverly Council, Jeff Lamb, and Michael Ripberger 434 Fayetteville Street Mall Two Hannover Square, Suite 1100 Raleigh, North Carolina 27601 Telephone: [phone] Fax: [phone] E-Mail: [e-mail]

KENNON, CRAVER, BELO, CRAIG & & McKEE, PLLC By: /s/ Joel M. Craig Joel M. Craig North Carolina State Bar No. 9179 Attorneys for Defendant Benjamin Himan 4011 University Drive, Suite 300 Post Office Box 51579 Durham, NC 27717-1579 Telephone: [phone] Fax: [phone] E-Mail: [e-mail]

CERTIFICATE OF ELECTRONIC FILING AND SERVICE The undersigned hereby certifies that, pursuant to Rule 5 of the Federal Rules of Civil Procedure and LR5.3 and LR5.4, MDNC, the foregoing pleading, motion, affidavit, notice, or other document/paper has been electronically filed with the Clerk of Court using the CM/ECF system, which system will automatically generate and send a Notice of Electronic Filing (NEF) to the undersigned filing user and registered users of record, and that the Court's electronic records show that each party to this action is represented by at least one registered user of record, to each of whom the NEF will be transmitted, except that, with respect to the following parties, a copy is being transmitted via first class mail to the address listed below: Mr. Linwood Wilson Pro Se [Home Address redacted per LR 7.1(b), MDNC and ECF P&P Manual, part J] This the 28th day of April, 2008. FAISON & GILLESPIE By: /s/ Reginald B. Gillespie, Jr. Reginald B. Gillespie, Jr.
8838-32\P\006 MFOET

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