MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 207

Consent MOTION to Expedite Response and Reply Deadlines re #205 motion for stay by DAVID W. ADDISON, PATRICK BAKER, STEVEN CHALMERS, BEVERLY COUNCIL, MARK D. GOTTLIEB, BENJAMIN W. HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, THE CITY OF DURHAM, NORTH CAROLINA. (Attachments: #1 Text of Proposed Order)(GILLESPIE, REGINALD)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 1:07-CV-00953

RYAN MCFADYEN, et al.,
Plaintiffs,
v.
DUKE UNIVERSITY, et al.,
Defendants.

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MOTION TO EXPEDITE
RESPONSE AND REPLY WITH
RESPECT TO MOTION FOR STAY
FED. R. CIV. P. 6(c), LR7.3(f), MDNC

MADE WITH CONSENT

NOW COME Defendant the City of Durham, North Carolina, and the individual
City Defendants Patrick Baker, Steven Chalmers, Beverly Council, Ronald Hodge, Jeff
Lamb, Lee Russ, Michael Ripberger, David Addison, Mark Gottlieb, and Benjamin
Himan (collectively, the "City Defendants"), and respectfully move the Court, pursuant to
FED. R. CIV. P. 6(c) and LR7.3(f), MDNC to expedite the deadlines for responses,
including briefs, and reply briefs with respect their motion to stay proceedings and
supporting brief (Doc. 205, 206), filed this day. The City Defendants request that the
Court order that responses, including briefs, be filed on or before midnight on May 24,
2011, and that reply briefs be filed on or before midnight on May 27, 2011. Plaintiffs'
counsel consents to these expedited deadlines.
In support of this Motion, the City Defendants respectfully show the Court the
following:

1.

The City Defendants have filed a motion to stay further proceedings in this

case pending appeals taken to the United States Court of Appeals for the Fourth Circuit.
2.

Plaintiffs' response to the motion for stay, including brief, is due June 6,

2011, absent action by this Court to expedite the deadline for a response.
3.

Unless a stay is ordered, the City Defendants' answer to Plaintiffs' 428-

page, 1,388-paragraph, 41-cause-of-action Second Amended Complaint is due June 14,
2011.
4.

For the reasons set forth in their motion for stay, the City Defendants have

requested that all further proceedings, including answer deadlines, the Rule 26(f)
conference of attorneys, initial pretrial disclosures, and discovery be stayed during
appeal.
5.

The usual response and briefing periods prescribed by LR7.3, MDNC, will

not allow the Court an ample opportunity to consider the City Defendants' motion for
stay before some deadlines will accrue, and if those deadlines are not expedited as herein
requested, the benefit of the relief requested in the motion for stay will be undermined.
6.

Accordingly, the City Defendants request that the Court order that

responses, including briefs, to the City Defendants' motion for stay be filed on or before
midnight on May 24, 2011, and that reply briefs be filed on or before midnight on May
27, 2011.
7.

Counsel for the City Defendants have conferred with counsel for Plaintiffs,

who have authorized the undersigned to inform the Court that he consents to the
expedited deadlines herein requested.
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WHEREFORE, Defendant the City of Durham, North Carolina, and the individual
City Defendants Patrick Baker, Steven Chalmers, Beverly Council, Ronald Hodge, Jeff
Lamb, Lee Russ, Michael Ripberger, David Addison, Mark Gottlieb, and Benjamin
Himan respectfully pray that the Court enter an Order requiring that responses, including
briefs, to the City Defendants' motion for stay and supporting brief (Doc. 205, 206) be
filed on or before midnight on May 24, 2011, and that reply briefs be filed on or before
midnight on May 27, 2011.
Respectfully submitted, this the 13th day of May, 2011.
FAISON & GILLESPIE

STEPTOE & JOHNSON LLP

By: /s/ Reginald B. Gillespie, Jr.
Reginald B. Gillespie, Jr.
North Carolina State Bar No. 10895
Post Office Box 51729 [27717-1729]
5517 Chapel Hill Boulevard
Suite 2000
Durham, North Carolina 27707
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

By: /s/ Roger E. Warin
Roger E. Warin*
Michael A. Vatis*
Matthew J. Herrington*
Leah M. Quadrino*
John P. Nolan*
1330 Connecticut Avenue, NW
Washington, DC 20035
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
*(Motion for Special Appearance to
be filed)

Attorneys for Defendant the City
of Durham, North Carolina

Attorneys for Defendant the City
of Durham, North Carolina

SIGNATURES OF COUNSEL CONTINUED ON NEXT PAGE

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POYNER & SPRUILL LLP
By:/s/ Edwin M. Speas
Edwin M. Speas
North Carolina State Bar No. 4112
Eric P. Stevens
North Carolina State Bar No. 17609
Post Office Box 1801
Raleigh, North Carolina 27602-1801
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Defendant Mark Gottlieb

KENNON, CRAVER, BELO, CRAIG &
MCKEE, PLLC
By: /s/ Joel M. Craig
Joel M. Craig
North Carolina State Bar No. 9179
Henry W. Sappenfield
North Carolina State Bar No. 37419
4011 University Drive, Suite 300
Post Office Box 51579
Durham, North Carolina 27717-1579
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Defendant Benjamin Himan

SIGNATURES OF COUNSEL CONCLUDED ON NEXT PAGE

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TROUTMAN SANDERS LLP
By: /s/ Patricia P. Kerner
Patricia P. Kerner
North Carolina State Bar No. 13005
D. Martin Warf
N.C. State Bar No. 32982
434 Fayetteville Street Mall
Two Hannover Square, Suite 1100
Raleigh, North Carolina 27601
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Defendants Patrick Baker, Steven
Chalmers, Beverly Council, Ronald Hodge,
Jeff Lamb, Lee Russ, and Michael Ripberger

MAXWELL, FREEMAN & BOWMAN, P.A.
By: /s/ James B. Maxwell
James B. Maxwell
North Carolina State Bar No. 2933
Post Office Box 52396
Durham, North Carolina 27717
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Defendant David Addison

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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 (or that the party is a registered user of record), to
each of whom the NEF will be transmitted.
This the 13th day of May, 2011.
FAISON & GILLESPIE
By: /s/ Reginald B. Gillespie, Jr.
Reginald B. Gillespie, Jr.
North Carolina State Bar No. 10895

8838-33\P\028

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