DUKE UNIVERSITY et al v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

Filing 15

Consent MOTION for Extension of Time to File Response/Reply as to 8 Answer to Complaint, Third Party Complaint, Counterclaim by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. Responses due by 2/12/2009 (Attachments: # 1 Text of Proposed Order)(COOKE, BETSY)

DUKE UNIVERSITY et al v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

Doc. 15

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION Civil Action No. 1:08-CV-0854 DUKE UNIVERSITY and DUKE UNIVERSITY HEALTH SYSTEM, INC., Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant and Third-Party Plaintiff, v. UNITED EDUCATORS INSURANCE, A RECIPROCAL RISK RETENTION GROUP, Third-Party Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

MOTION FOR EXTENSION OF TIME

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COUNTERCLAIM Duke University ("Duke") and Duke University Health System, Inc. ("DUHS"), through the undersigned counsel, pursuant to Rule 6 of the Federal Rules of Civil Procedure and Local Rule 6.1, respectfully moves this Court for an additional seven (7) days to that allowed by law to respond to the Counterclaim of National Union Fire Insurance Company of Pittsburgh, PA ("National Union").

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Dockets.Justia.com

In support of this motion, Duke and DUHS show the Court the following: 1. 24, 2008. 2. National Union accepted service of the Complaint and Summons on or
Duke and DUHS filed their Complaint against National Union on November

about December 1, 2008. 3. On December 11, 2008, National Union filed a Motion for Extension of

Time through January 16, 2009 in which to file its Answer. 4. National Union filed its Answer, Counterclaim and Third-Party Complaint

on January 16, 2009. 5. 6.
The response to the Counterclaim is due on February 5, 2009. Duke and DUHS are diligently reviewing their records in order to respond to the

allegations in the Counterclaim, but need additional time to respond.

7.

Accordingly, Duke and DUHS request an additional seven days to respond

to the Counterclaim (through February 12, 2009). 8. Counsel for National Union has consented to the requested extension

through February 12, 2009.

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For the reasons set forth above, Duke and DUHS respectfully request that the Court allow them seven (7) days in addition to that allowed by law to respond to the Counterclaims up to and including, February 12, 2009. This the 4th day of February, 2009.

KILPATRICK STOCKTON LLP /s/ Betsy Cooke Gregg E. McDougal N.C. State Bar No. 27290 [e-mail] Betsy Cooke N.C. State Bar No. 25353 [e-mail] 3737 Glenwood Avenue, Suite 400 Raleigh, NC 27612 Phone [phone] Fax [phone] GILBERT OSHINSKY LLP Jerold Oshinsky [e-mail] Jonathan M. Cohen [e-mail] Ariel E. Shapiro [e-mail] 1100 New York Ave, N.W., Suite 700 Washington, D.C. 20005 Phone [phone] Fax [phone]

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CERTIFICATE OF SERVICE I hereby certify that the foregoing was filed with the Court using the CM/ECF system which will automatically send notice to the following counsel of record: David S. Coats [e-mail] Bailey & Dixon, LLP This 4th day of February, 2009. /s/ Betsy Cooke Betsy Cooke KILPATRICK STOCKTON LLP 3737 Glenwood Avenue Suite 400 Raleigh, NC 27612

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