MCFADYEN et al v. DUKE UNIVERSITY et al
Filing
308
RESPONSE filed by Defendant DUKE UNIVERSITY re #305 MOTION for Extension of Time to File Response/Reply as to #300 Response in Opposition to Motion, #294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel filed by RYAN MCFADYEN, BRECK ARCHER, MATTHEW WILSON. Replies due by 11/5/2012. (SUN, PAUL) Modified on 10/19/2012 to remove extra punctuation and duplicate text. (Sheets, Jamie)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NUMBER 1:07-CV-00953
RYAN McFADYEN, et al.,
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Plaintiffs,
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v.
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DUKE UNIVERSITY, et al.,
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Defendants.
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______________________________ )
DUKE UNIVERSITY’S RESPONSE TO MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
Defendant Duke University (“Duke”), through counsel, submits this
response to plaintiffs’ Motion for Extension of Time to File Reply Brief. (DE
305). Duke neither consents to nor opposes the present motion to extend time, but
respectfully requests that the Court consider the scheduling implications of
extending the time for the filing of the reply.
Duke further shows the Court the following:
1.
Plaintiffs’ reply brief was due on or before 15 October 2012.
Plaintiffs filed the present motion for extension in the early morning hours of 16
October 2012. Plaintiffs’ counsel, who filed a related Motion to Quash in the
matter Carrington v. Duke University, No. 1:08-cv-119-JAB-JEP (M.D.N.C.), also
filed a motion to extend the time for filing their reply brief in that case.
2.
Discovery closed in this case on 21 September 2012. On 5 October
2012, Duke filed a Motion for Status Conference and for Extension of Dispositive
Motion Deadline, which remains pending with the Court. (DE 304).
3.
Plaintiffs’ counsel did not advise Duke’s counsel that they intended to
file a motion for extension or seek Duke’s position on the motion. Duke neither
consents to nor opposes the present motion. Duke respectfully requests that as the
Court addresses the present motion for extension it take up this matter as it relates
to the overall scheduling in this case.
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This the 18th day of October, 2012.
/s/ Paul K. Sun, Jr.
Paul K. Sun Jr.
N.C. State Bar No. 16847
Email: paul.sun@elliswinters.com
Jeremy M. Falcone
N.C. State Bar No. 36182
Email: jeremy.falcone@elliswinters.com
Thomas H. Segars
N.C. State Bar No. 29433
Email: tom.segars@elliswinters.com
James M. Weiss
N.C. State Bar No. 42386
Email: jamie.weiss@elliswinters.com
Ellis & Winters LLP
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: (919) 865-7000
Facsimile: (919) 865-7010
Dixie T. Wells
N.C. State Bar No. 26816
Email: dixie.wells@elliswinters.com
Ellis & Winters LLP
333 N. Greene St., Suite 200
Greensboro, NC 27401
Telephone: (336) 217-4197
Facsimile: (336) 217-4198
Counsel for Duke University
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CERTIFICATE OF SERVICE
I hereby certify that on 18 October 2012, 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 the 18th day of October, 2012.
/s/ Paul K. Sun, Jr.
Paul K. Sun, Jr.
N.C. State Bar No. 16847
Email: paul.sun@elliswinters.com
Ellis & Winters LLP
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: (919) 865-7000
Facsimile: (919) 865-7010
Counsel for Duke University
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