Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1)

Filing 53

ORDER granting plaintiff's unopposed 49 Motion for Leave to File Excess Pages. In light of the length of the filing, plaintiff is DIRECTED to provide the Court courtesy copies of the proposed submitted response brief and any related exhibits. Granting defendant's unopposed 50 Motion for Extension of Time to File a Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss. Defendant shall have up to and including March 19, 2012, to file its reply to plaintiff's opposition to defendant's motion to dismiss. Signed by District Judge Thomas A Varlan on 3/6/12. (ADA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE LINCOLN MEMORIAL UNIVERSITY DUNCAN SCHOOL OF LAW, Plaintiff, v. THE AMERICAN BAR ASSOCIATION, Defendant. ) ) ) ) ) ) ) ) ) ) No.: 3:11-CV-608 (VARLAN/SHIRLEY) ORDER This civil action is before the Court on Plaintiff’s Unopposed Motion for Leave to File Brief in Excess of 25 Pages [Doc. 49] and Defendant’s Unopposed Motion for Extension of Time to File a Reply to Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss [Doc. 50]. Plaintiff moves the Court for leave to file a brief in excess of twenty-five pages pursuant to E.D. Tenn. L.R. 7.1(b). In support, plaintiff submits that additional pages are necessary because of the numerous issues and arguments raised by defendant. Plaintiff informs the Court that defendant does not oppose plaintiff’s request. For good cause shown, and in light of the lack of opposition, Plaintiff’s Unopposed Motion for Leave to File Brief in Excess of 25 Pages [Doc. 49] is GRANTED. In light of the length of the filing, plaintiff is DIRECTED to provide the Court courtesy copies of the proposed submitted response brief and any related exhibits. These courtesy copies should contain the “ECF Header/Footer” reflecting the filed pleading information (i.e., case number, document number, filed date, and page number). Defendant moves the Court for an additional seven (7) days, up to and including March 19, 2012, to file a reply to plaintiff’s opposition to defendant’s motion to dismiss pursuant to Rule 6(b) of the Federal Rules of Civil Procedure. In support of the motion, defendant submits that in the twenty-five days that have passed since defendant filed a motion to dismiss and motion to stay, plaintiff has responded to the motion to stay, plaintiff has supplemented its motion to reconsider, defendant has responded to plaintiff’s motion for reconsideration, plaintiff filed a response in opposition to defendant’s motion to dismiss, and defendant filed a reply to its motion to stay. Defendant further submits that plaintiff’s opposition to the motion to dismiss contains new legal arguments and that there is citation to a number of new cases. Defendant informs the Court that plaintiff does not oppose defendant’s request. For good cause shown, and in light of the lack of opposition, Defendant’s Unopposed Motion for Extension of Time to File a Reply to Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss [Doc. 50] is GRANTED and defendant shall have up to and including March 19, 2012, to file its reply to plaintiff’s opposition to defendant’s motion to dismiss. IT IS SO ORDERED. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE 2

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