Maldonado v. Federal Express CorporationMOTION for Leave to File Excess PagesD.V.I.May 17, 2019LEE J. ROHN AND ASSOCIATES, LLC 1101 King Street Christiansted VI 00820-4933 Tel: 340.778.8855 Fax: 340.773.2954 lee@rohnlaw.com IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX NATACHA MALDONADO, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendant. CIVIL NO. 2017/39 ACTION FOR DAMAGES JURY TRIAL DEMANDED MOTION TO FILE BRIEF IN EXCESS OF 20 PAGES Plaintiff, Natacha Maldonado, by and through the undersigned counsel and, pursuant to Rules 7.1(d) and 56.1(e) of the Local Rules of Civil Procedure, moves this Court for leave to file her Opposition to Motion for Summary Judgment in excess of the twenty (20) page limit imposed by local rules. Her brief exceeds the limit by four (4) pages. The Local Rules of Civil Procedure provide that briefs supporting motions shall not exceed twenty (20) pages without leave of court. See, LRCi 7.1(d) and 56.1(e). In addition, "[a] district court has broad discretion to determine whether to overlook a party's failure to comply with local court rules". Samborski v. W. Valley Nuclear Servs., 99-CV-0213E(F), 2002 U.S. Dist. LEXIS 12745 (W.D.N.Y. June 25, 2002) (citing, Holtz v. Rockefeller & Co., 258 F.3d 62, 73-74 (2d Cir. 2001). Plaintiff worked diligently in drafting a brief to oppose Defendant FedEx’s request for the drastic remedy of summary judgment. In doing so, Plaintiff was required to provide the Court with the relevant law and facts to support her position that summary judgment could not be granted. This case is highly fact intensive and the law regarding the standard to be Case: 1:17-cv-00039-WAL-GWC Document #: 131 Filed: 05/17/19 Page 1 of 3 Maldonado, Natacha v. Federal Express Corporation, Civil No. 2017/39 MOTION TO FILE BRIEF IN EXCESS OF PAGE LIMIT Page 2 used in evaluating Plaintiff’s VICRA claims is undeveloped. Extra pages were required to properly present the legal issues to this Court. Plaintiff does not take this request to exceed the page limit lightly and worked diligently to edit her brief to meet the page limit. However, any further reduction would severely undermine Plaintiff’s presentation of her case at this critical summary judgment phase. WHEREFORE, Plaintiff respectfully request this Court GRANT her motion and ACCEPT her opposition brief as filed. RESPECTFULLY SUBMITTED, LEE J. ROHN AND ASSOCIATES, LLC Attorneys for Plaintiff DATED: May 17, 2019 BY: /s/ Lee J. Rohn Lee J. Rohn, Esq. VI Bar No. 52 1101 King Street Christiansted, St. Croix U.S. Virgin Islands 00820 Telephone: (340) 778-8855 lee@rohnlaw.com Case: 1:17-cv-00039-WAL-GWC Document #: 131 Filed: 05/17/19 Page 2 of 3 Maldonado, Natacha v. Federal Express Corporation, Civil No. 2017/39 MOTION TO FILE BRIEF IN EXCESS OF PAGE LIMIT Page 3 CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on May 17, 2019, I electronically filed the foregoing with the Clerk of the court using the CM/ECF system, which will send a notification of such filing (NEF) to the following: BY: /s/ Lee J. Rohn (dvn) Charles E. Engeman, Esq. Ogletree, Deakins, Nash, Smoak & Stewart, LLC The Tunick Building 1336 Beltjen Road, Suite 201 St. Thomas, VI 00802 Email Address: charles.engeman@ogletreedeakins.com Attorney For: Federal Express Corporation Frederick L. Douglas, Esq. Patrick Daniel Riederer, Esq. Robbin W. Hutton, Esq. Brandie N. Smith, Esq. Federal Express Corporation 3620 Hacks Cross Road Building B, Second Floor Memphis, TN 38125 Email Address: robbin.hutton@fedex.com Attorney For: Federal Express Corporation Case: 1:17-cv-00039-WAL-GWC Document #: 131 Filed: 05/17/19 Page 3 of 3
