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

Filing 55

MOTION for Extension of Time to File Reply Brief as to 30 MOTION to Dismiss First Amended Complaint; filed by BRIAN MEEHAN. Responses due by 5/23/2008 (Attachments: # 1 Text of Proposed Order [Proposed] Order Allowing Motion) (DICKINSON, PAUL)

E V A N S et al v. DURHAM, NORTH CAROLINA, CITY OF et al

D o c . 55

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF NORTH CAROLINA C I V I L ACTION NO. 1:07-CV-00739 D A V I D F. EVANS, et al., P l a i n t if fs , v. T H E CITY OF DURHAM, N O R T H CAROLINA, et al., D e f e n d a n t s. ) ) ) ) ) ) ) ) ) ) )

M O T I O N FOR E N L A R G E M E N T OF TIME T O FILE REPLY BRIEF IN S U P P O R T OF MOTION TO D I S M I S S FIRST AMENDED C O M P L A IN T

N O W COMES defendant Brian Meehan ("defendant"), by and through counsel, p u rsua n t to Rule 6(b) of the Federal Rules of Civil Procedure and LR6.1(a) and LR7.3(h), M D N C , and moves the Court to enlarge by seven days, through and including May 9, 2008, th e time within which defendant may file and serve his reply brief in support of his motion to dismiss. IN SUPPORT WHEREOF, defendant respectfully shows the Court the following: 1. P la in tif fs filed their original Complaint on October 5, 2007, and their First

A m e n d e d Complaint on December 11, 2007. 2. A Joint Motion of All Parties to Extend Page Limitations and to Establish

B rie f in g Schedule ("the Joint Motion") was filed on November 27, 2007. The Joint Motion w a s granted by Order on November 29, 2007, extending all parties' filing deadlines and g ran tin g page limit extensions ("the Briefing/Scheduling Order").

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P u rsu a n t to the Briefing/Scheduling Order, defendant filed his Motion to

D is m is s on January 15, 2008. 4. P u r s u a n t to the Briefing/Scheduling Order, plaintiffs filed their Consolidated

O p p o s itio n to Defendants' Motions to Dismiss on April 2, 2008 5. P u r s u a n t to the Court's Briefing/Scheduling Order, defendant must file and

s e rv e a reply brief on or before May 2, 2008. Thus, this Motion is made before the expiration o f the time allowed. 6. B e c au s e of the number and complexity of the questions presented, additional

tim e is needed by counsel to prepare, file, and serve a reply brief. 7. D e f en d a n ts DNA Security, Inc., Richard Clark, The City of Durham and the

in d iv id u a l defendants related to The City of Durham have filed similar Motions for E n la rg e m e n t of Time. Granting the present Motion would allow the parties to remain on the s a m e briefing schedule. 8. T h e undersigned states that he has consulted with counsel for plaintiffs

c o n c e rn in g this Motion and that counsel for plaintiffs consent to the enlargement of time h e re in requested. 9. T h e foregoing request for a brief enlargement of time is reasonable, justified,

a n d will not unduly, if at all, delay the ultimate disposition of this action.

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10.

T h e undersigned further respectfully submits that fairness and the interests of

ju stic e fully warrant allowing this Motion and granting the enlargement of time herein re q u e ste d . W H E R E F O R E , defendant Brian Meehan respectfully prays the Court that this Motion b e granted, and that he be allowed the enlargement of time herein requested. R e sp e c tf u lly submitted this the 30 th day of April, 2008.

/s / Paul R. Dickinson, Jr. Paul R. Dickinson, Jr,. N .C . State Bar No. 20510 L e w i s & Roberts, PLLC 5 9 6 0 Fairview Road, Suite 102 C h a rlo tte , North Carolina 28210 T e le p h o n e : 7 0 4 - 3 4 7 - 8 9 9 0 F a c sim ile : 7 0 4 -3 4 7 -8 9 2 9 E -m a il: [e-mail] C o u n s e l for Defendant Brian Meehan

/s/ James A. Roberts, III James A. Roberts, III N .C . State Bar No. 10495 L e w is & Roberts, PLLC 1 3 0 5 Navaho Drive, Suite 400 R a le ig h , North Carolina 27609-7482 T e le p h o n e : 9 1 9 - 9 8 1 - 0 1 9 1 F a c sim ile : 9 1 9 -9 8 1 -0 1 9 9 E -m a il: [e-mail]

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CERTIFICATE OF ELECTRONIC FILING AND SERVICE T h e undersigned hereby certifies that, pursuant to Rule 5 of the Rules of Civil P ro c e d u re and LR5.3 and LR5.4, MDNC, I electronically filed the foregoing Motion with th e Clerk of Court using the CM/ECF system, which system will automatically generate and s e n d Notification of Electronic Filing (NEF) to the undersigned filing user and registered u se rs of record, and that the Court's electronic records show that each party to this action is re p re se n te d by at least one registered user of record, to each of whom the NEF will be tra n sm itte d , except that with respect to the following party, a copy is being transmitted via f irs t class mail to the address listed below: M r. Linwood Wilson P r o Se [Home address redacted per LR 7.1(b), MDNC and ECF P&P Manual, part J] R e sp e c tf u lly submitted, this 30 th day of April, 2008 /s / Paul R. Dickinson, Jr. Paul R. Dickinson, Jr,. N .C . State Bar No. 20510 L e w is & Roberts, PLLC 5 9 6 0 Fairview Road, Suite 102 C h a rlo tte , North Carolina 28210 T e le p h o n e : 7 0 4 - 3 4 7 - 8 9 9 0 F a c sim ile : 7 0 4 -3 4 7 -8 9 2 9 E -m a il: [e-mail] Counsel for Defendant Brian Meehan