BANKS v. YORK et al

MOTION for Extension of Time to Complete Discovery

D.D.C.July 22, 2008

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) DR. SIMON BANKS, J.D. ) ) Plaintiff ) ) v. ) Case: 1:05-cv-1514 (RCL) ) S. ELWOOD YORK, JR., et al., ) ) ) Defendants ) ____________________________________) DEFENEDANTS’ MOTION FOR ENLARGMENT OF TIME TO RESPOND TO DISCOVERY REQUESTS Pursuant to Fed. R. Civ. P. 6(b), the District Defendants hereby move this Court for an enlargement of time to file responses to Plaintiff’s discovery requests, from August 4, 2008, up to and including August 29, 2008, and as grounds, therefore, states as follows: 1. On or about February 7, 2008, Plaintiff filed the above-captioned matter. On or about February 7, 2008, Defendants received the complaint and summons. On or about April 30, 2008, the plaintiff filed an amended complaint in the above-captioned matter. The amended complaint was received by the District on or about April 30, 2008. 2. Since that time, Plaintiff has also filed motions to disqualify counsel, to strike all pleadings filed by the Attorney General for the District of Columbia (though there have been none), to further Case 1:05-cv-01514-RCL Document 162 Filed 07/22/2008 Page 1 of 5 amend the complaint, and for default judgment. At present, Defendants are working on responses to these numerous motions. 3. Long-planned summer vacations have been scheduled to take place during the next few weeks. 4. Out of an abundance of caution, particularly in light of the numerous motions that have already been filed by Plaintiff, the District respectfully requests that this Court extend the time to file responses to Plaintiff’s requests for discovery from August 4, 2008 to August 29, 2008. 5. Fed. R. Civ. P. 6(b) provides that, “[w]hen by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done within a specified time, the court… may in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by previous order….” 6. This request is being made prior to the expiration of the prescribed period, and is for cause shown. 7. No party will be unduly prejudiced should the Court grant the requested relief. 8. By electronic mail dated July 21, 2008, District Defendants requested plaintiff’s consent to the relief requested herein. On that same date Plaintiff responded that he did not consent to the relief. Case 1:05-cv-01514-RCL Document 162 Filed 07/22/2008 Page 2 of 5 For all the above-stated reasons, additional time up to and including August 29, 2008, is requested to respond to Plaintiff’s discovery requests. A memorandum of points and authorities in support of this motion is hereto attached. Respectfully submitted, PETER J. NICKLES Acting Attorney General for the District of Columbia GEORGE C. VALENTINE Deputy Attorney General, Civil Litigation Division /s/ Ellen Efros______________ ELLEN EFROS [250746] Assistant Deputy Attorney General, Civil Litigation Division /s/ Denise J. Baker Denise J. Baker D.C. Bar No. 493414 Assistant Attorney General 441 4th Street, Northwest, 6th Floor South Washington, D.C. 20001 202-442-9887 (Telephone) 202-727-0431 (Facsimile) Denise.baker@dc.gov Case 1:05-cv-01514-RCL Document 162 Filed 07/22/2008 Page 3 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) DR. SIMON BANKS, J.D. ) ) Plaintiff ) ) v. ) Case: 1:05-cv-1514 (RCL) ) S. ELWOOD YORK, JR., et al., ) ) ) Defendants ) ____________________________________) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DISTRICT DEFENDANTS’ MOTION FOR ENLARGMENT OF TIME TO RESPOND TO DISCOVERY REQUESTS In support of their Motion for Enlargement of Time to Respond to Discovery Requests, District Defendants rely upon the following authorities: 1. Inherent Power of the Court. 2. Fed. R. Civ. P. 6(b)(1). 3. The lack of prejudice to the parties. 4. The record herein. Respectfully submitted, PETER J. NICKLES Acting Attorney General for the District of Columbia GEORGE C. VALENTINE Deputy Attorney General, Civil Litigation Division /s/ Ellen Efros______________ ELLEN EFROS [250746] Case 1:05-cv-01514-RCL Document 162 Filed 07/22/2008 Page 4 of 5 Assistant Deputy Attorney General, Civil Litigation Division /s/ Denise J. Baker Denise J. Baker D.C. Bar No. 493414 Assistant Attorney General 441 4th Street, Northwest, 6th Floor South Washington, D.C. 20001 202-442-9887 (Telephone) 202-727-0431 (Facsimile) Denise.baker@dc.gov Case 1:05-cv-01514-RCL Document 162 Filed 07/22/2008 Page 5 of 5