STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA, et al

Filing 17

MOTION for Extension of Time to File Answer or Other Response by ROGER AIKEN, W. LOUIS BISSETTE, JR, JEFFERSON W. BROWN, W. LOWRY CAUDILL, PHILLIP L. CLAY, HAYWOOD D. COCHRANE, DONALD WILLIAMS CURTIS, JAMES W. DEAN, JR, CHARELS G. DUCKETT, STEPHEN M. FARMER, JOHN C. FENNEBRESQUE, CAROL L. FOLT, H. FRANK FRAINGER, HANNAH D. GAGE, ALSTON GARDNER, ANN B. GOODNIGHT, PETER T. GRAUER, PETER D. HANS, THOMAS J. HARRELSON, HENRY W. HINTON, JAMES L. HOLMES, JR, RODNEY E. HOOD, KELLY MATTHEWS HOPKINS, W. MARTY KOTIS, III, G. LEROY LAIL, SCOTT LAMPE, STEVEN LERNER, STEVEN B. LONG, JOAN G. MACNEILL, HARI H. MATH, MARY ANN MAXWELL, W. EDWIN MCMAHAN, W.G. CHAMPION MITCHELL, ANNA SPANGLER NELSON, ALEX PARKER, R. DOYLE PARRISH, JOAN TEMPLETON PERRY, THERENCE O. PICKETT, ANDREW HENRY POWELL, DAVID M. POWERS, ROBERT S. RIPPY, THOMAS W. ROSS, SALLIE SHUPING-RUSSELL, HARRY LEO SMITH, JR, J. CRAIG SOUZA, DWIGHT D. STONE, GEORGE A. SYWASSINK, RICHARD F. TAYLOR, RAIFORD TRASK, III, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, UNIVERSITY OF NORTH CAROLINA BOARD OF TRUSTEES, PHILLIP D. WALKER, LAURA I. WILEY. (BRENNAN, STEPHANIE)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CASE NO. 1:14-CV-954
STUDENTS
FOR
ADMISSIONS, INC.,

FAIR

Plaintiff,
v.
DEFENDANTS’ UNOPPOSED MOTION
FOR EXTENSION OF TIME
UNIVERSITY
OF
CAROLINA et al.,

NORTH

Defendants.
PURSUANT to Fed. R. Civ. P. 6(b), Defendants hereby request an enlargement of
time in which to serve an answer or other response to Plaintiff’s complaint. In support of
this motion, Defendants show the following:
1.

Plaintiff filed its Complaint on November 17, 2014 against the University

of North Carolina (“UNC System”), the UNC Board of Governors and its individual
members, and President Thomas W. Ross (collectively, “UNC System Defendants”).
Plaintiff’s Complaint also names as defendants the University of North Carolina at
Chapel Hill (“UNC-Chapel Hill”), the UNC-Chapel Hill Board of Trustees and its
individual members, Chancellor Carol Folt, Executive Vice Chancellor and Provost
James W. Dean, Jr., and Vice Provost of Enrollment and Undergraduate Admissions
Stephen M. Farmer (collectively, “UNC-Chapel Hill Defendants”).
defendants were sued in their official capacities.

All individual

2.

On November 21, 2014, Plaintiff’s counsel requested that the UNC System

Defendants waive service of the Complaint. On December 1, 2014, Plaintiff requested
that the UNC-Chapel Hill Defendants waive service of the Complaint. All Defendants
agreed, through counsel, to waive service. Pursuant to Fed. R. Civ. P. 4(d)(3), therefore,
the UNC System Defendants have until January 20, 2015 to file an answer or other
response, and the UNC-Chapel Hill Defendants have until January 30, 2015 to file an
answer or other response. These deadlines have not passed.
3.

Plaintiff’s Complaint is a 65-page, 227-paragraph Complaint against 55

Defendants that raises three constitutional challenges to UNC-Chapel Hill’s admissions
process. Plaintiff seeks declaratory relief, a permanent injunction and attorneys’ fees.
4.

Counsel for Defendants have recently associated with outside counsel to

assist with this litigation of this case.

In light of other pressing matters and

responsibilities and in order to give counsel adequate time to confer with their numerous
clients and prepare a response, Defendants seek a 45-day extension of time from the
UNC System Defendants’ deadline of January 20, 2015 for all Defendants to serve a
response. If the requested extension is granted, a response from all Defendants would be
due March 6, 2015.
5.

Defendants do not seek the extension for any improper purpose. This is

their first request for an extension.

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6.

The undersigned counsel have consulted with Plaintiff’s counsel about the

proposed extension. Plaintiff’s counsel has indicated no objection to the requested 45day extension of time.
WHEREFORE, Defendants request the Court extend the deadline for serving their
answer or other response up to and including March 6, 2015.

Respectfully submitted this 12th day of January, 2015.
ROY COOPER
Attorney General

/s/ Stephanie A. Brennan
Stephanie A. Brennan
Special Deputy Attorney General
NC State Bar No. 35955
E: [e-mail]

/s/ Matthew Tulchin
Matthew Tulchin
Assistant Attorney General
NC State Bar No. 43921
E:[e-mail]
NC Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
T: [phone]
F: [phone]
Attorneys for Defendants

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CERTIFICATE OF SERVICE
I hereby certify that on 12 January 2015, I electronically filed the foregoing
DEFENDANTS’ MOTION FOR EXTENSION OF TIME with the Clerk of Court
using the CM/ECF system, which will send notification of such filing to the following
registered CME/ECF users:
Thomas R. McCarthy
William S. Consovoy
J. Michael Connolly
CONSOVOY MCCARTHY PLLC
W. Ellis Boyle
ELLIS BOYLE LAW PLLC.
Attorneys for Plaintiff

This 12th day of January 2015.
ROY COOPER
Attorney General

/s/ Stephanie A. Brennan
Stephanie A. Brennan
Special Deputy Attorney General
NC State Bar No. 35955
E: [e-mail]

/s/ Matthew Tulchin
Matthew Tulchin
Assistant Attorney General
NC State Bar No. 43921
E:[e-mail]
NC Department of Justice
Post Office Box 629
4

Raleigh, NC 27602-0629
T: [phone]
F: [phone]
Attorneys for Defendants

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