MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 313

RESPONSE re #312 MOTION for Leave to File filed by DUKE UNIVERSITY. Replies due by 11/19/2012. (SUN, PAUL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN McFADYEN, et al.,

)
)
Plaintiffs,
)
)
v.
)
)
DUKE UNIVERSITY, et al.,
)
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Defendants.
)
______________________________ )

No. 1:07-CV-00953-JAB-JEP

DUKE UNIVERSITY’S RESPONSE TO MOTION FOR LEAVE TO FILE
RELY BRIEF
Defendant Duke University (“Duke”), through counsel, submits this
response to Plaintiffs’ Motion for Leave to File Reply Brief. (DE 312).
1.

Plaintiffs’ reply brief was due eighteen days ago, on or before 15

October 2012. Plaintiffs have not shown good cause or excusable neglect for their
failure timely to file a reply brief, and have offered no reasonable explanation for
their delay in moving for leave to file their reply brief out of time.
2.

For the reasons stated in Duke’s Motion to Strike Reply Brief and To

Declare Briefing Closed on Motion for Protective Order for the Deposition of
Plaintiffs’ Litigation Counsel (DE 310, 311), Duke respectfully requests that the
Court deny the motion for leave to file reply brief and declare briefing closed as of
18 October 2012.

This the 2nd day of November, 2012.
/s/ Paul K. Sun, Jr.
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]
Thomas H. Segars
N.C. State Bar No. 29433
Email: [e-mail]
James M. Weiss
N.C. State Bar No. 42386
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 University

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CERTIFICATE OF SERVICE
I hereby certify that on 2 November 2012, I electronically filed the
foregoing RESPONSE TO MOTION FOR LEAVE TO FILE REPLY 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 the 2nd day of November, 2012.

/s/ Paul K. Sun, Jr.
Paul K. Sun, Jr.
N.C. State Bar No. 16847
Email: [e-mail]
Ellis & Winters LLP
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke University

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