Pasco v. Zimmerman et al

Filing 19

Second MOTION for Extension of Time to File Response/Reply as to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 11 Brief / Memorandum in Support, 9 Brief / Memorandum in Support, 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 13 Brief / Memorandum in Support by Robert L. Pasco. (Attachments: # 1 Text of Proposed Order)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Roanoke Division ROBERT L. PASCO, Plaintiff, v. HANK ZIMMERMAN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:11CV00087 CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO DISMISS OF DEFENDANTS ZIMMERMAN, LIBRARY AND BOARD The plaintiff Robert L. Pasco, by counsel and pursuant to Rule 6 of the Federal Rules of Civil Procedure and with the consent of the Defendants, through their counsel, moves the Court for an extension of time through and including January 20, 2012 within which to respond to and file his opposition to the Motions to Dismiss of Defendants Zimmerman, Library and Board of Trustees, and shows the Court as follows: 1. Plaintiff’s memorandum in opposition to the motions to dismiss of all defendants in this case is due on January 17, 2012 pursuant to a previous consent extension granted by the Court. 2. The parties previously have agreed to February 7, 2012 at 1:00 p.m. as the date and time for hearing on all of the motions to dismiss. 3. Due to the large number of issues raised by the defendants Zimmerman, Board and Library, as well as additional pressing scheduling issues in other cases, Plaintiff’s counsel has requested, and the Defendants, through their counsel, have consented to, an extension of time through and including January 20, 2012 within which Plaintiff’s responses and memoranda in opposition to those Defendants’ motions to dismiss may be filed. Plaintiff will file his opposition to Defendant Moore’s Motion to Dismiss today. 4. The short additional extension requested by Plaintiff’s counsel still will provide ample time for a reply from the Defendants Zimmerman, Library and Board well prior to, and will not result in a delay of, the hearing on the Defendants’ motions to dismiss. WHEREFORE, Plaintiff moves the Court to extend the time through and including January 20, 2012 for Plaintiff to respond to and oppose the Motions to Dismiss of Defendants Zimmerman, Library and Board. ROBERT L. PASCO By: s/Timothy E. Cupp Timothy E. Cupp (VSB #23017) Cupp & Cupp, P.C. 1951 Evelyn Byrd Avenue, Suite D Harrisonburg, Virginia 22801 Email: cupplaw@comcast.net (540)432-9988 (540)432-9557 (facsimile) Counsel for Plaintiff CERTIFICATE I hereby certify that on the 17th day of January, 2012, the foregoing Consent Motion was filed electronically with the Clerk through the CM/ECF system, which will cause electronic copies to be served on the parties, by sending same to their attorneys of record as follows: Julia B. Judkins, Esquire, Bancroft, McGavin, Horvath, & Judkins, P.C., 3920 University Drive, Fairfax, VA 22030 and Melisa G. Michelsen, Esquire and J. Jay Litten, Esquire, Litten & Sipe, LLP, 410 Neff Avenue, Harrisonburg, Virginia 22801-3434. s/Timothy E. Cupp 2

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