MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 229

MOTION for Extension of Time to File Reports Required by Rule 26 by BRECK ARCHER, RICHARD H. BRODHEAD, PHD, JOHN BURNESS, ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, VICTOR J. DZAU, M.D., AARON GRAVES, RYAN MCFADYEN, GARY N. SMITH, ROBERT K. STEEL, MATTHEW WILSON. (Attachments: #1 Text of Proposed Order)(ELLIS, RICHARD)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NUMBER 1:07-CV-00953
RYAN McFADYEN, et al.,
Plaintiffs,
v.

Motion for an Extension of Time to
File Reports Required by Rule 26

DUKE UNIVERSITY, et al.,
Defendants.

COME NOW Plaintiffs and Defendants to seek an extension of time until August
1, 2011, in which to file the reports required under Rule 26 of the Federal Rules of Civil
Procedure. In support of this motion, the parties show the following:
1.

On June 28, 2011, this Court issued a Notice in the above-captioned case
setting a pretrial conference in this case for August 17, 2011. As referenced
within that Notice and as required by Local Rule 16.1(b), the parties were to
hold their conference as required under Rule 26(f) of the Federal Rules of Civil
Procedure at least fourteen days before the pretrial conference and submit to
the Court their report within ten days thereafter.

2.

On Friday, July 15, the parties met by phone to hold their Rule 26(f)
Conference. Because the above-captioned case and Carrington, et al. v. Duke
University, et al., No. 1:08-CV-00119 both arise from events occurring after
Crystal Mangum accused three members of the Duke University 2005-06

men’s lacrosse team of rape, and because of the common discovery that will be
needed in the two cases, the Rule 26(f) Conference in the Carrington case was
held at the same time. During that telephone conference, that lasted more than
two hours, the parties in both cases identified a number of issues to be resolved
including how to handle the large number of anticipated depositions, how to
handle the large volume of electronically stored information (“ESI”), and how,
if at all, to consolidate the cases for discovery.
3.

Pursuant to Local Rule 16.1(b), because the conference required under Rule
26(f) was held on July 15, 2011, the Parties’ reports are now due on Monday,
July 25, which is ten days after the parties’ initial meeting.

4.

The parties have continued to have active discussions in an attempt to reach
agreement in as many areas as possible.

5.

The parties seek additional time in which to file the report or reports in the
hopes that they will be able to reach agreement on as many matters as possible
before the pretrial conference scheduled for August 17, 2011.

6.

In support of this motion, the parties show that under the Local Rules of this
Court, the parties were not mandated to hold their conference until August 3,
2011. Had the parties held the conference on August 3, 2011, as would be
allowed under the rules, the report(s) would not have been due until August 13,
2011, which is only four days before the pretrial conference. In part
recognizing the anticipated complexity of discovery in these cases, the parties

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voluntarily met well before August 1. If the seven-day extension sought in
this Motion is granted, the report(s) will still be filed sixteen days in advance
of the pretrial conference scheduled for August 17.
Accordingly, for the reasons stated above, the parties respectfully request an
extension of seven days, until August 1, 2011, in which to file the reports required by
Rule 26 of the Federal Rules of Civil Procedure.
This the 23rd day of July, 2011.

/s/ Stefanie A. Sparks
Robert C. Ekstrand (NC Bar No. 26673)
Stefanie A. Sparks (NC Bar No. 42345)
811 Ninth Street
Durham, North Carolina 27705
E-mail: [e-mail]
E-mail: [e-mail]
Tel: [phone]

/s/ Richard W. Ellis
Richard W. Ellis
N.C. State Bar No. 1335
Email: [e-mail]
Dixie T. Wells
N.C. State Bar No. 26816
Email: [e-mail]
Ellis & Winters LLP
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: [phone]
Facsimile: [phone]

Counsel for Plaintiffs

Counsel for Duke University
Defendants and Duke University
Police Defendants

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CERTIFICATE OF SERVICE
I hereby certify that on July 23, 2011, I electronically filed the foregoing Motion
for Extension of Time to File Reports Required by Rule 26 with the Clerk of the Court
using the CM/ECF system, which will send notification of such filing to all counsel of
record and to Mr. Linwood Wilson, who is also registered to use the CM/ECF system.
This 23rd day of July, 2011.

/s/ Richard W. Ellis
Richard W. Ellis
N.C. State Bar No. 1335
Email: [e-mail]
Ellis & Winters LLP
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke University
Defendants and Duke University
Police Defendants