MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 193

MOTION for Extension of Time to File Answer by RICHARD CLARK, DNA SECURITY, INC.. (Attachments: #1 Text of Proposed Order)(KING, ROBERT)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN MCFADYEN, MATTHEW WILSON, and
BRECK ARCHER,
Plaintiffs,
v.
DUKE UNIVERSITY, et al.,
Defendants.

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Civil Action No.: 1:07-cv-953

MOTION FOR EXTENSION OF TIME
NOW COME Defendants DNA Security Inc. (“DSI”) and Richard Clark (“Clark”), by
and through counsel and pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, and move
this Court to extend the time in which they may answer Plaintiffs’ Second Amended Complaint
by thirty (30) days. In support of this Motion, Defendants DSI and Clark show unto the Court
the following:
1.

Plaintiffs’ Second Amended Complaint was filed on February 23, 2010;

2.

Defendants DSI and Clark filed their Motion to Dismiss the Second Amended

Complaint, which Motion to Dismiss was referred to the Court for determination, along with the
Motions to Dismiss of the numerous other named defendants in this case, on May 4, 2010;
3.

A Memorandum Opinion and Order was entered on March 31, 2011 granting in

part and denying in part the Motion to Dismiss of Defendants DSI and Clark;
4.

Defendants DSI’s and Clark’s response to Plaintiffs’ Second Amended Complaint

is currently due on or about April 14, 2011;
5.

No prior extensions of time have been requested or obtained by Defendants DSI

and Clark;

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6.

Counsel for Defendants DSI and Clark has communicated with Plaintiffs’ counsel

prior to filing this Motion for Extension of Time, and Plaintiffs’ counsel does not object to the
requested extension; and
7.

Given the voluminous nature of the Second Amended Complaint, consisting of

some 428 pages and 1,388 numbered paragraphs, Defendants DSI and Clark require an extension
of time of thirty (30) days, to and including May 16, 2011, within which to answer Plaintiffs’
Second Amended Complaint.
WHEREFORE, Defendants DNA Security Inc. and Richard Clark hereby pray that the
Court grant them an extension of time, to and including May 16, 2011, within which to answer
Plaintiffs’ Second Amended Complaint.
Respectfully submitted, this the 11th day of April, 2011.

/s/ Robert J. King III
Robert J. King III
N.C. State Bar No. 15946
[e-mail]
William P.H. Cary
N.C. State Bar No. 7651
[e-mail]
Clinton R. Pinyan
N.C. State Bar No. 22260
[e-mail]
Charnanda T. Reid
N.C. State Bar No. 38927
[e-mail]
Brooks, Pierce, McLendon,
Humphrey & Leonard, L.L.P.
Post Office Box 26000
Greensboro, North Carolina 27420
Telephone: [phone]
Facsimile: 336-378-1001
Counsel for Defendants DNA Security, Inc.
and Richard Clark

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CERTIFICATE OF SERVICE

I hereby certify that, on this date, the foregoing Motion For Extension of Time
was filed electronically. Notice of this filing will be sent by operation of the Court’s
Electronic Filing System to all parties indicated on the electronic filing receipt. Parties
may access this filing through the Court’s system.
WILLIAM P.H. CARY

[e-mail]

JAMES DONALD COWAN, JR.

[e-mail]

JOEL MILLER CRAIG

[e-mail]

KEARNS DAVIS

[e-mail]

PAUL R. DICKINSON, JR.

[e-mail]

ROBERT C. EKSTRAND

[e-mail]

REGINALD B. GILLESPIE, JR.

[e-mail]

JAMIE S. GORELICK

[e-mail]

PATRICIA P. KERNER

[e-mail]

WILLIAM F. LEE

[e-mail]

JAMES B. MAXWELL

[e-mail]

DAN JOHNSON MCLAMB

[e-mail]

JENNIFER M. O’CONNER

[e-mail]

CLINTON R. PINYAN

[e-mail]

SHIRLEY MARING PRUITT

[e-mail]

CHARNANDA T. REID

[e-mail]

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JAMES AVERY ROBERTS, III

[e-mail]

HENRY W. SAPPENFIELD

[e-mail]

HANNAH GRAY STYRON

[e-mail]

D. MARTIN WARF

[e-mail]

DIXIE WELLS

[e-mail]

LINWOOD WILSON

[e-mail]

PAUL R.Q. WOLFSON

[e-mail]

THOMAS CARLTON YOUNGER, III

[e-mail]

DAVID W. LONG

[e-mail]

ERIC P. STEVENS

[e-mail]

This the 11th day of April, 2011.

/s/ Robert J. King III
Robert J. King III

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