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

Filing 29

Consent MOTION for Extension of Time to File Response/Reply to Third-Party Defendant United Educators Insurance's Motion to Dismiss by DUKE UNIVERSITY. (Attachments: # 1 Text of Proposed Order Granting Consent Motion)(MCDOUGAL, GREGG)

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

Doc. 29

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. ) ) ) ) ) ) ) ) ) ) ) )

CONSENT MOTION FOR EXTENSION OF TIME

Plaintiffs Duke University and Duke University Health System, Inc. ("Duke") and Third Party Defendant United Educators Insurance ("UE"), through the undersigned counsel and pursuant to Rule 6 of the Federal Rules of Civil Procedure, respectfully file this Consent Motion requesting that this Court to allow Duke up to and through May 4, 2009 to respond to UE's Motion to Dismiss. In support of this Consent Motion, the parties state as follows: 1. Duke filed its Complaint against Defendant National Union Fire Insurance

Company of Pittsburgh, PA ("National Union") on November 24, 2008. See Dkt. 1. 2. On January 16, 2009, National Union filed an Answer, Counterclaims, and Third

Party Complaint against Third Party Defendant UE. See Dkt. 8. On March 3, 2009, Third Party Defendant UE filed a Motion to Dismiss or Stay this case pursuant to Fed. R. Civ. P. 12(b)(6), and an accompanying Memorandum of Law in support of same. See Dkt. 23, 24. 3. The deadline for Duke to file a Response to UE's Motion to Dismiss is currently

April 15, 2009. See Dkt. 28, 29. 4. UE has consented to grant Duke through and including May 4, 2009, in which to

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file its Response to UE's Motion to Dismiss. 5. This Motion is made in good faith and not for purposes of delay and granting this

Motion will not in any way delay this proceeding. 6. This Motion is being filed before the time for Duke to file its Response to UE's

Motion to Dismiss has lapsed or expired. 7. A Proposed Order granting this Consent Motion is being submitted

contemporaneously herewith.

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Respectfully submitted this the 7th of April, 2009. BY: KILPATRICK STOCKTON LLP /s/ Gregg E. McDougal Gregg E. McDougal N.C. State Bar No. 27290 [e-mail] 3737 Glenwood Avenue, Suite 400 Raleigh, NC 27612 Phone [phone] Fax [phone] GILBERT OSHINSKY LLP Jerold Oshinsky [e-mail] 1100 New York Ave, N.W., Suite 700 Washington, D.C. 20005 Phone [phone] COUNSEL FOR PLAINTIFFS SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL, & JERNIGAN LLP /s/ K. Alan Parry K. Alan Parry NC State Bar No. 31343 [e-mail] P.O. Box 2611 Raleigh, North Carolina 27602 Phone [phone] Fax [phone] CROWELL & MORING LLP Clifford B. Hendler [e-mail] 1001 Pennsylvania Avenue Washington, DC 20004 Phone [phone] Fax [phone] COUNSEL FOR THIRD-PARTY DEFENDANT UNITED EDUCATORS INSURANCE 3
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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 7th day of April, 2009. /s/ Gregg E. McDougal Gregg E. McDougal

KILPATRICK STOCKTON LLP 3737 Glenwood Avenue, Suite 400 Raleigh, NC 27612

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