Mayfield et al v. National Basketball Association et al

Filing 32

FIRST MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction by all plaintiffs. (Attachments: # 1 Exhibit 1- 5-25-07 Ganz Email# 2 Exhibit 2- 5-23-07 NBRA letter)(Gibson, Loren)

Mayfield et al v. National Basketball Association et al

Doc. 32

Case 5:06-cv-00571-W

Document 32

Filed 05/29/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA 1. 2. 3. 4. JAMES W. MAYFIELD, TERRY DURHAM, EDMUND MIDDLETON, MIKE MATHIS, Plaintiffs, vs. 5. NATIONAL BASKETBALL ASSOCIATION, Et al., Defendants. ) ) ) ) ) ) ) ) Case No.: CIV-06-571W ) ) ) ) )

Motion to Enlarge Response to Defendants' Motion to Dismiss Comes Now, Plaintiffs, by and through Counsel, and respectfully moves the Court to enlarge Plaintiffs' deadline to respond to Defendants' May 9, 2007 Motion to Dismiss [Dkct. No. 27] for 30 days until June 28, 2007. In support hereof, Plaintiffs state as follows: 1. On May 9, 2007, Defendants filed a voluminous Motion to Dismiss, consisting of three propositions, 25 pages, 35 case citations, and over 200 hundred pages of attached affidavits and attachments. The undersigned is set for a lengthy trial before the Oklahoma Merit Protection Commission on Monday June 4, 2007, which has necessitated a considerable amount of preparation time. In short, Plaintiffs' request the 30 day enlargement to provide sufficient time to adequately respond to the lengthy motion. 2. Counsel for Defendants, as reflected in the attached email of May 25, 2007 does not object to this request.

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Case 5:06-cv-00571-W

Document 32

Filed 05/29/2007

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3.

Counsel for Plaintiffs, David Little, previously agreed to Defendants' request to enlarge their deadline by 30 days to respond to the Complaint and file the present Motion to Dismiss, which this Court granted. [Dkct. No. 20]

4.

As a separate motion, Counsel for Plaintiff's further intend to request the Court to stay this matter pending arbitration under the Collective Bargaining Agreement as on May 23, 2007 the National Basketball Referees Association requested such from Defendant NBA. (copy attached) The Defendants intend to object to such motion, as reflected in the attached May 25, 2007 email of Mr. Howard Ganz. This motion will further provide time for the Defendants to file a response to the motion to stay and for the Court to consider such.

5.

This motion will not impact any other deadlines as there has not yet been a scheduling order.

6.

This motion is not to vex or harass any party.

Wherefore, Premises Considered, Plaintiffs request the Court enlarge the deadline to respond to Defendants' Motion to Dismiss by thirty (30) days.

Respectfully Submitted,

s/ Loren Gibson___________ Loren Gibson, OBA 14348 Gibson & Associates, P.L.C. 105 N. Hudson, Ste 312 Oklahoma City, OK 73102 405/270-0900 405/270-0903 (Fax) Counsel for Plaintiffs and

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Case 5:06-cv-00571-W

Document 32

Filed 05/29/2007

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David W. Little, OBA # 14407 Law Offices of David W. Little 115 E. California ­ Bricktown Miller-Jackson Building, Suite 350 Oklahoma City, OK 73104-2418 telephone: [phone] facsimile: [phone] toll-free: [phone] ATTORNEY FOR PLAINTIFFS

Certificate of Service I, Loren Gibson, hereby certify that the above was served this May 29, 2007 to the following ECF registrants, via the Court's ECF System, in the above entitled cause: Howard Ganz Daniel Halem Deidre Grossman Proskauer Rose 1585 Broadway New York, NY 10036 Graydon Dean Luthey, Jr. Stephanie Horton Hall Estill-Tulsa 320 S. Boston, Ste 400 Tulsa, OK 74103 Counsel for NBA, New Orleans/ Oklahoma City Hornets, NBA Properties Inc, NBA Entertainment Inc, NBA Media Ventures LLC /s Loren Gibson

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