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

Filing 17

MOTION for Extension of Time to File Response/Reply as to 8 Answer to Complaint, Third Party Complaint, Counterclaim by UNITED EDUCATORS INSURANCE. Responses due by 3/9/2009 (Attachments: # 1 Text of Proposed Order Extension of Time)(DORSETT, JAMES)

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

Doc. 17

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION Case Number: 1:08-CV-0854 DUKE UNIVERSITY AND DUKE UNIVERSITY HEALTH SYSTEM, INC., Plaint iff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant and Third-Party Plaint iff, v. UNITED EDUCATORS INSURANCE, A RECIPROCAL RISK RETENTION GROUP, Third-Party Defendant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO NATIONAL UNION'S THIRD PARTY COMPLAINT

Pursuant to Fed. R. Civ. Pro. 6(b) and L.R. 6.1(a), Third-Party Defendant United Educators Insurance ("United Educators"), with the consent of Third-Party Plaintiff National Union Fire Insurance Company of Pittsburgh, PA ("National Union"), move for an extension of time in which to respond to National Union's Third-Party Complaint. Educators shows the Court as follows: 1. National Union filed the Third-Party Complaint on January 16, 2009, and it was In support, United

served on United Educators on January 26, 2009. Accordingly, United Educators' deadline to respond to National Union's Third-Party Complaint has not expired.

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2.

Good cause exists for an extension of time because United Educators requires

additional time to investigate this matter and more thoroughly prepare and serve a response to the Third-Party Complaint 3. National Union has given its consent for a two-week extension of United

Educators' time to respond, to and including Tuesday, March 3, 2009. WHEREFORE, United Educators, with consent of National Union, requests that this Motion for Extension of Time be granted and that the time by which United Educators must respond to Plaintiffs' Third-Party Complaint be enlarged to and including Tuesday, March 3, 2009. Respectfully submitted this the 13th day of February, 2009. SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. By: /s/ K. Alan Parry James K. Dorsett, III NCSB 7695 K. Alan Parry NCSB 31343 Attorneys for Third-Party Defendant P. O. Box 2611 Raleigh, NC 27602-2611 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]

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CERTIFICATE OF SERVICE I hereby certify that on the 13th day of February, 2009, I electronically filed the foregoing Motion for Extension of Time to Respond to National Union's Third Party Complaint with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: David S. Coats Dayatra T. King J.T. Crook Bailey & Dixon Attorneys for Defendant P. O. Box 1351 Raleigh, North Carolina 27602 Gregg E. McDougal Betsy Cooke Kilpatrick Stock, LLP 3737 Glenwood Ave., Suite 400 Raleigh, NC 27612 Jerold Oshinsky Jonathan M. Cohen Ariel Shapiro 1100 New York Ave., N.W., Suite 700 Washington, D.C. 20005 This the 13th day of February, 2009. /s/K. Alan Parry K. Alan Parry

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