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

Filing 23

Consent MOTION for Extension of Time to File Answer re 1 Complaint 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. (Attachments: # 1 Text of Proposed Order Proposed Order)(BRENNAN, STEPHANIE)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CASE NO. 1:14-CV-954
STUDENTS FOR FAIR ADMISSIONS, INC., §
§
Plaintiff,
§
§
v.
§
§
UNIVERSITY OF NORTH CAROLINA, et al., §
§
Defendants.
§
§

DEFENDANTS’ SECOND
UNOPPOSED MOTION FOR
EXTENSION OF TIME

Pursuant to Fed. R. Civ. P. 6(b), and with the consent of the Plaintiff, 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 state the following:
1.

On November 17, 2014, Plaintiff filed its Complaint 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”).
2.

The UNC System Defendants and the UNC-Chapel Hill Defendants, through

counsel, agreed to waive service on November 21, 2014 and December 1, 2014, respectively.
Pursuant to Fed. R. Civ. P. 4(d)(3), the UNC System Defendants had until January 20, 2015 and
the UNC-Chapel Hill Defendants until January 30, 2015 to file an answer or other response to
Plaintiff’s Complaint.

3.

On January 12, 2015, the Defendants filed an Unopposed Motion for Extension of

Time seeking a 45-day extension of time from the UNC System Defendants’ deadline of January
20, 2015 for all Defendants to serve a response. The Court granted Defendants’ motion on
January 6, 2015, extending the responsive pleading deadline to March 6, 2015. This deadline
has not passed.
4.

As noted in Defendants’ January 12 Motion, counsel for Defendants recently

associated with outside counsel, namely the law firm of Skadden, Arps, Slate, Meagher & Flom
LLP, to assist with litigation of this case. Outside counsel for the UNC-Chapel Hill Defendants
was not formally retained until February 12, 2015, however.

Although counsel has been

diligently working since that time to become familiar with the case and otherwise advise its
clients, Defendants seek a short extension of time in which to file a response.
5.

In addition, defense counsel has met and conferred with counsel for the Plaintiff

regarding a potential narrowing and streamlining of the parties and claims in this case. These
discussions remain ongoing and could affect the form, scope, and content of the Defendants’
response to the Complaint.
6.

In light of the foregoing, Defendants seek a 10-day extension of time from March

6, 2015 to March 16, 2015 for all Defendants to respond to the Complaint.
7.

Defendants do not seek the extension for any improper purpose.

8.

Defense counsel has consulted with Plaintiff’s counsel about the proposed

extension. Plaintiff’s counsel has indicated that they have no objection to the requested 10-day
extension of time.
WHEREFORE, Defendants respectfully request the Court extend the deadline for serving
their answer or other response up to and including March 16, 2015.

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Respectfully submitted this 4th day of March, 2015.

/s/ Michael Scudder
Michael Scudder
Skadden, Arps, Slate, Meagher & Flom, LLP
155 North Wacker Drive
Chicago, IL 60606-1720
[phone]
E: [e-mail]

ROY COOPER
Attorney General

/s/ Lisa Gilford
Lisa Gilford
Skadden, Arps, Slate, Meagher & Flom, LLP
300 South Grand Ave.
Suite 3400
Los Angeles, CA 90071
[phone]
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

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

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CERTIFICATE OF SERVICE
I hereby certify that on March 4 2015, I electronically filed the foregoing
DEFENDANTS’ SECOND 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 4th day of March 2015
ROY COOPER
Attorney General
/s/ Stephanie Brennan
Stephanie 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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