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

Filing 27

Consent MOTION for Extension of Time to File Answer re 1 Complaint or Otherwise Respond 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)(SCUDDER, MICHAEL)

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

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Plaintiff,
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v.
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UNIVERSITY OF NORTH CAROLINA, et §
al.,
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Defendants.

DEFENDANTS’ THIRD
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. On January 6, 2015, the Court granted
Defendants’ Unopposed Motion for Extension of Time and extended the responsive
pleading deadline to March 6, 2015.
3.

On March 4, 2015, the Defendants filed a second Unopposed Motion for

Extension of Time seeking a 10-day extension of time to serve a response in light of
Defendants’ recent retention of outside counsel and ongoing discussions with Plaintiff’s
counsel regarding a potential narrowing and streamlining of the parties and claims in this
case. The Court granted Defendants’ motion on March 9, 2015, extending the responsive
pleading deadline to March 16, 2015.
4.

Defense counsel and counsel for the Plaintiff are continuing the above-

referenced discussions and remain in the process of negotiating a proposed stipulation of
dismissal of some of the claims and parties in this action, which will affect the form,
scope, and content of Defendants’ response. Due to the number of parties and claims in
this case, additional time is needed for consideration of these matters as well as for
counsel for Defendants to secure the necessary approvals to enter into the proposed
stipulation of dismissal.
5.

In light of the foregoing, Defendants seek a 4-day extension of time from

March 16, 2015 to March 20, 2015 for all Defendants to respond to the Complaint.
6.

Defendants do not seek the extension for any improper purpose.
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7.

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

extension. Plaintiff’s counsel has indicated that Plaintiff agrees to the requested 4-day
extension of time.
8.

Both parties believe that their cooperative efforts to enter into a joint

agreement to narrow and streamline the parties and claims in this case is in the interests
of justice.
WHEREFORE, Defendants respectfully request the Court extend the deadline for
serving their answer or other response up to and including March 20, 2015.

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Respectfully submitted this 16th 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/ 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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CERTIFICATE OF SERVICE
I hereby certify that on March 16 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 16th 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]
Attorney for Defendant

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