MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 296

Joint MOTION for Extension of Time to Extend Discovery Period Solely To Secure An Affidavit From Plaintiff Breck Archer And Obtain Attorney Billing Records For Plaintiffs Ryan Mcfadyen And Breck Archer by BRECK ARCHER, DUKE UNIVERSITY, RYAN MCFADYEN, MATTHEW WILSON. (Attachments: #1 Text of Proposed Order)(FALCONE, JEREMY)

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.
DUKE UNIVERSITY, et al.,
Defendants.

JOINT MOTION TO EXTEND
DISCOVERY PERIOD SOLELY
TO SECURE AN AFFIDAVIT
FROM PLAINTIFF BRECK
ARCHER AND OBTAIN
ATTORNEY BILLING
RECORDS FOR PLAINTIFFS
RYAN MCFADYEN AND BRECK
ARCHER

The parties, by and through counsel, pursuant to the Rule 6(b) of the Federal
Rules of Civil Procedure, Local Rule 6.1, and the Initial Pretrial Order [Dkt. No.
244], respectfully move for an order enlarging the discovery period through and
including September 25, 2012 solely for the purposes of the production of Plaintiff
Breck Archer’s signed affidavit and the production of attorney billing records for
Plaintiffs Ryan McFadyen and Matthew Wilson. A proposed order accompanies
this Motion.
In support of this Motion, the parties state as follows:
1.

Plaintiff Breck Archer was deposed on April 19, 2012.

2.

During his deposition, a dispute arose between the parties. Through

the meet and confer process, the parties agreed to resolve the dispute by Mr.
Archer providing an affidavit.

3.

On June 11, 2012, the parties agreed on the text of the affidavit.

4.

The parties intended to have the affidavit finalized (and the dispute for

the deposition resolved thereby) prior to the close of discovery on September 21,
2012.
5.

As described in Plaintiffs’ Motion to Extend Time to Respond to

Defendants’ Requests for Admissions [Dkt. No. 295], Mr. Archer is abroad in
Japan in connection with his employment by the United States. Plaintiffs will be in
touch with Mr. Archer regarding the discovery responses and hope to secure the
affidavit at that time.
6.

Plaintiffs also intend on producing the attorney billing records of

Plaintiffs Ryan McFadyen and Matthew Wilson in response to Duke’s September
2011 document requests. Due to technical issues beyond Plaintiffs’ control,
Plaintiffs cannot make that production at the present time. Plaintiffs hope to
remedy the technical issue and produce the relevant documents on or before
September 25, 2012.
7.

This Motion is brought in good faith and not for the purposes of delay.

The extension of time requested should not materially impact the case. This
Motion is made prior to the expiration of the deadline sought to be extended
hereby.

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8.

Accordingly, the parties seek the Court’s consent to extend the

discovery period through and including September 25, 2012, solely for the
purposes of the production of Plaintiff Breck Archer’s signed affidavit and the
production of attorney billing records for Plaintiffs Ryan McFadyen and Matthew
Wilson.

WHEREFORE, the parties respectfully request that the Court enter an Order
enlarging the discovery period through and including September 25, 2012 solely
for the purposes of the production of Plaintiff Breck Archer’s signed affidavit and
the production of attorney billing records for Plaintiffs Ryan McFadyen and
Matthew Wilson.

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Respectfully submitted, this the 21st day of September 2012.
/s/ Stefanie A. Smith
Stefanie A. Smith, N.C. Bar No.
42345
Ekstrand & Ekstrand LLP
811 Ninth Street, Second Floor
Durham, North Carolina 27705
[e-mail]
Tel. [phone]
Fax [phone]
Counsel for Plaintiffs, Ryan
McFadyen, Matthew
Wilson, and Breck Archer

/s/ Jeremy M. Falcone
Paul K. Sun, Jr.
N.C. State Bar No. 16847
Email: [e-mail]
Thomas H. Segars
N.C. State Bar No. 29433
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

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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing 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 21 day of September, 2012.

/s/ Jeremy M. Falcone
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]
Counsel for Duke University