MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 391

BRIEF re: #392 MOTION to Expedite Brief in support of Motion for judgment on the pleadings and Motion to dismiss uncontested Renewed Motion To Dismiss by LINWOOD E. WILSON. (WILSON, LINWOOD) Modified on 4/29/2014 to edit document title and terminate as motion. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN MCFADYEN, et al.,
Plaintiffs,
1:07cv953

v.
DUKE UNIVERSITY, et al.,
Defendants,

DEFENDANT WILSON’S BRIEF ON MOTION TO EXPIDITE BRIEFING ON
DEFENDANT’S MOTION FOR JUDGMENT OF THE PLEADINGS AND
DISMISS UNCONTESTED RENEWED MOTION TO DISMISS.
NOW COMES Defendant Linwood E. Wilson, pro se, requesting the Court to
Expedite Defendant’s Motion for Judgment on the Pleadings and Motion to Dismiss
Uncontested Renewed Motion to Dismiss (389). Plaintiffs’ have had over 5 months of
time to respond.
QUESTION PRESENTED
Whether there is good cause to expedite briefing on Defendant’s Motion for
Judgment on the Pleadings and Motion to Dismiss Plaintiffs’ Uncontested Renewed
Motion to Dismiss.
ARGUMENT
Under the Local Rules, Plaintiffs would ordinarily be required to file any response
to Defendants’ Motion for Judgment on the Pleadings and Motion to Dismiss
Uncontested Renewed Motion to Dismiss within twenty-one days after service of the

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motion. LR 7.3(f). However, “[f]or good cause appearing therefor, a respondent may be
required to file any response and supporting documents, including brief, within such
shorter period of time as the Court may specify.” Id.
In light of the Court’s stated intention to resolve pending motions during the sixty
day abeyance, and the need for the parties to complete discovery efficiently, good
cause exists for expediting the deadline for Plaintiffs to respond to Defendant’s motion
for judgment on the pleadings and Motion to Dismiss Uncontested Renewed Motion to
Dismiss, and for Defendant to reply to any such response.
The sixty-day abeyance period will end on 16 May 2014. [DE 357]. Under
the default briefing schedule, Plaintiffs’ response to Defendants’ motion to strike
would not come due until 22 May 2014. See LR 7.3(f). Defendant’s reply to
Plaintiffs’ response would not come due, and thus the motion for judgment on the
pleadings and motion to dismiss uncontested renewed motion to dismiss would not
be fully briefed, until 1 June 2014. See LR 7.3(h). As set forth in Defendant’s
brief in support of the motion for judgment on the pleadings and Motion to Dismiss
Plaintiffs’ Uncontested Renew Motion to Dismiss.
As stated in Duke Defendants Motion to Expedite (363), given the 6 October 2014
trial date, the parties require a clear picture of all remaining claims to inform their trial
preparation strategy. Until the status of Count 18 is resolved, the parties cannot proceed
effectively with discovery and trial preparation. Therefore, good cause exists for
expedited briefing on Defendant’s motion to For Judgment on the Pleadings and
Plaintiffs’ Uncontested Motion to Dismiss Defendant’s Renewed Motion to Dismiss,
which will facilitate the Court’s consideration of both the uncontested renewed motion to

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dismiss and the pending motion for judgment on the pleadings within the sixty-day
abeyance period.
CONCLUSION
For the reasons stated above, Defendant respectfully requests that the Court grant
Defendant’s motion to expedite briefing on Defendant’s motion for Judgment on the
Pleadings and Motion to Dismiss Uncontested Renewed Motion to Dismiss and
order an expedited briefing schedule as set forth in the accompanying Motion to
Expedite Briefing.

This the 29th Day of April, 2014
Respectfully,
/s/ Linwood E. Wilson
Linwood E. Wilson

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CERTIFICATE OF ELECTRONIC FILING AND SERVICE
The undersigned hereby certifies that, pursuant to Rule 5 of the Federal Rules of
Civil Procedure and LR5.3 and LR5.4, MDNC, the foregoing pleading, motion, affidavit,
notice, or other document/paper has been electronically filed with the Clerk of Court
using the CM/ECF system, which system will automatically generate and send a Notice
of Electronic Filing (NEF) to the undersigned filing user and registered users of record,
and that the Court's electronic records show that each party to this action is represented
by at least one registered user of record (or that the party is a registered user of record), to
each of whom the NEF will be transmitted.
This the 29th day of April, 2014.
By: /s/ Linwood E. Wilson
Linwood E. Wilson
Pro Se

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