MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 264

MOTION for Leave to File Excess Pages by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: #1 Exhibit A - Brief Meeting Page Length, #2 Text of Proposed Order)(WELLS, DIXIE)

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,
DUKE DEFENDANTS’ MOTION
FOR LEAVE TO EXCEED PAGE
LIMITATION IN REPLY BRIEF

v.
DUKE UNIVERSITY, et al.,
Defendants.

Defendants Duke University, Robert Dean, Matthew Drummond, Aaron
Graves, and Gary N. Smith (the “Duke Defendants”) respectfully move this Court
to enter an order allowing them to file a reply brief in excess of the page limitation
set forth in Local Rule 7.3(d) of the United States District Court for the Middle
District of North Carolina, and accepting the Duke Defendants’ Reply Brief in
Further Support of Motion for Protective Order Concerning Plaintiffs’ Subpoenas
Addressed to Burson-Marsteller and Edelman, ECF No. 261 (the “Reply Brief”) as
filed. In support of this Motion, the Duke Defendants state as follows:
1.

On 8 December 2011, the Duke Defendants filed a motion for

protective order concerning two subpoenas served by Plaintiffs. See Duke Defs.’
Mot. Prot. Order, Dec. 8, 2011, ECF No. 249. Plaintiffs filed a brief in opposition
to that motion on 29 December 2011. See Pls.’ Resp. to Duke Defs.’ Mot. Prot.

Order, Dec. 29, 2011,ECF No. 254. On 17 January 2012, the Duke Defendants
timely filed the Reply Brief in further support of the motion. See Reply Brief, ECF
No. 261.
2.

For reasons unknown to undersigned counsel, the pagination of the

Reply Brief was altered when it was formatted for filing with the Court. The
version of the Reply Brief that counsel intended to file fit within the 10-page limit
for reply briefs set forth in Local Rule 7.3(d). (A copy of that version of the Reply
Brief is attached here as Exhibit A.) The Reply Brief, as filed, exceeds that limit.
Otherwise, it appears to be substantively identical to the version that counsel
intended to file. Compare Reply Brief, ECF No. 261 and Ex. A. Apparently,
counsel for the Duke Defendants made some inadvertent error in connection with
the formatting of the Reply Brief for filing.
3.

Having discovered this error, the Duke Defendants now respectfully

seek leave to correct it. In particular, the Duke Defendants respectfully request
that the Court grant them leave to exceed the page limitation set forth in Local
Rule 7.3(d) in the Reply Brief and to accept the Reply Brief, as filed.
4.

Counsel for the Duke Defendants have conferred with counsel for

Plaintiffs regarding this motion. Counsel for Plaintiffs consents to the relief
requested here.

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5.

For the foregoing reasons, the Duke Defendants respectfully request

that the Court grant them leave to exceed the page limitation set forth in Local
Rule 7.3(d) and accept the Reply Brief, as filed.
This the 18th day of January, 2012.
/s/ Dixie T. Wells
Richard W. Ellis
N.C. State Bar No. 1335
Email: [e-mail]
Paul K. Sun, Jr.
N.C. State Bar No. 16847
Email: [e-mail]
Jeremy M. Falcone
N.C. State Bar No. 36182
Email: [e-mail]
Ellis & Winters LLP
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: [phone]
Facsimile: [phone]
Dixie T. Wells
N.C. State Bar No. 26816
Email: [e-mail]
Ellis & Winters LLP
333 N. Greene St., Suite 200
Greensboro, NC 27401
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke Defendants

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CERTIFICATE OF SERVICE
I hereby certify that on January 18, 2012, I electronically filed the foregoing
DUKE DEFENDANTS’ MOTION FOR LEAVE TO EXCEED PAGE
LIMITATION IN BRIEF 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 18th day of January, 2012.

/s/ Dixie T. Wells
Dixie T. Wells
N.C. State Bar No. 26816
Email: [e-mail]
Ellis & Winters LLP
333 N. Greene St., Suite 200
Greensboro, NC 27401
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke Defendants

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