MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 380

First MOTION for Extension of Time to File Response/Reply as to #367 MOTION for Order to Show Cause why Plaintiffs, their Attorneys and lawfirms should not be held for violation of Rule 11: Sanctions by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (SPARKS, STEFANIE)

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

1:07-CV-953

DUKE UNIVERSITY, et al.,
Defendants.

PLAINTIFFS’ MOTION FOR EXTENSION OF TIME TO RESPOND TO
LINWOOD WILSON’S MOTION FOR ORDER TO SHOW CAUSE
Plaintiffs Ryan McFadyen, Matthew Wilson, and Breck Archer, through
undersigned counsel, hereby respectfully request that the deadline to respond to
Defendant Linwood Wilson’s Motion for Order to Show Cause [DE 367] be
extended 3 days from the current deadline of April 21, 2014 to April 24, 2014.
In support of this Motion, Plaintiffs show the following:
1.

Defendant Linwood Wilson filed his Motion for Order to Show

Cause on March 27, 2014.
2.

The time within which to file a response has not yet expired.

3.

Counsel for Plaintiffs require additional time to develop and prepare

Plaintiffs’ Response. Thus, Plaintiffs respectfully request an extension of 3
days to file their Response up to and including April 24, 2014.
4.

Counsel for Plaintiffs submit that this Motion is made in good faith

and not for the purposes or delay or otherwise unduly disrupting the
schedule of this case.

CONCLUSION
For the reasons set forth above, Plaintiffs respectfully request that the Court
grant Plaintiffs’ Motion for a 3-day extension of the deadline to respond to
Defendant Linwood Wilson’s Motion for Order to Show Cause.

April 21, 2014

Respectfully submitted by:

EKSTRAND & EKSTRAND LLP
Counsel for Plaintiffs

/s/ Robert C. Ekstrand
Robert C. Ekstrand
N.C. Bar No. 26673
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
[e-mail]
Tel. [phone]
Fax. [phone]
/s/ Stefanie Sparks Smith
Stefanie Sparks Smith
N.C. Bar No. 42345
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
[e-mail]
Tel. [phone]
Fax. [phone]

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

1:07-CV-953

DUKE UNIVERSITY, et al.,
Defendants.

CERTIFICATE OF SERVICE
I hereby certify that on April 21, 2014, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF System, which will send notice of the
filing to counsel of record for Defendants and Defendant Linwood Wilson, all of
who are registered CM/ECF users.

Dated: April 21, 2014

EKSTRAND & EKSTRAND LLP
Counsel for Plaintiffs

/s/ Stefanie Sparks Smith
Stefanie Sparks Smith
N.C. Bar No. 42345
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
[e-mail]
Tel. [phone]
Fax. [phone]