Arrington v. National Collegiate Athletic Association et al

MOTION

N.D. Ill.March 18, 2013

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ADRIAN ARRINGTON, DEREK OWENS, ANGELA PALACIOS, and KYLE SOLOMON, individually and on behalf of all others similarly situated, Plaintiffs, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 11-cv-06356 Judge John Z. Lee Magistrate Judge Brown JURY DEMAND DEFENDANT NATIONAL COLLEGIATE ATHLETIC ASSOCIATION’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD IN RESPONSE TO PLAINTIFFS’ SECOND AMENDED CLASS ACTION COMPLAINT Defendant National Collegiate Athletic Association (“NCAA”) hereby moves for an unopposed extension of time in which to file its answer or otherwise plead in response to Plaintiffs’ Second Amended Class Action Complaint (Dkt. 124), through and including March 21, 2013 (the “Motion”). In support of its Motion, the NCAA states as follows: 1. On February 12, 2013, Plaintiffs filed their Unopposed Motion for Leave to File the Second Amended Consolidated Complaint (“Motion for Leave”) (Dkt. 121). The NCAA did not oppose this motion. See Motion for Leave, ¶2. 2. The date for the NCAA to answer or otherwise respond to the Second Amended Class Action Complaint (the “SAC”) was March 4, 2013. On February 20, 2013, the NCAA filed an Unopposed Motion For Extension Of Time To Answer Or Otherwise Plead In Response To Plaintiffs’ Second Amended Class Action Complaint, requesting that this Court grant it an additional two weeks to answer the SAC. See Dkt. 125. This Court granted the NCAA’s motion on February 21, 2013. Dkt. 129. Per that order, the date for the NCAA to answer or otherwise respond to the Second Amended Class Action Complaint currently is March 18, 2013 Case: 1:11-cv-06356 Document #: 143 Filed: 03/18/13 Page 1 of 2 PageID #:2285 2 3. The Corrected Consolidated Class Action Complaint, filed November 21, 2011, contained 158 paragraphs, spanning 41 pages. See Dkt. 25. Plaintiffs’ Second Amended Class Action Complaint, however, contains 303 paragraphs spanning 97 pages. See Dkt. 124. 4. Good cause under Fed. R. Civ. P. 6(b)(1) exists for the requested, agreed extension, and this Motion is not brought for purposes of delay. WHEREFORE, the NCAA respectfully requests that this Court (i) grant this Motion; (ii) grant an extension allowing the NCAA to answer or otherwise respond to the Second Amended Class Action Complaint on or before March 21, 2013; and (iii) grant any further relief that this Court deems just and proper under the circumstances. DATED: March 18, 2013 Respectfully submitted, /s/ Johanna M. Spellman One of the Attorneys for Defendant Sean M. Berkowitz Mark S. Mester Johanna M. Spellman LATHAM & WATKINS LLP 233 South Wacker Drive, Suite 5800 Chicago, Illinois 60606 Telephone: (312) 876-7700 Facsimile: (312) 993-9767 J. Christian Word LATHAM & WATKINS LLP 555 11th Street NW, Ste. 1000 Washington, D.C. 20004-1304 christian.word@lw.com Case: 1:11-cv-06356 Document #: 143 Filed: 03/18/13 Page 2 of 2 PageID #:2286