Cooper et al v. Roberts et al

MOTION for Extension of Time to File Answer re Complaint

E.D. Pa.May 15, 2008

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAVID T. COOPER, : CIVIL ACTION : Plaintiff : : v. : : REGINALD A. ROBERTS, et al., : : Defendants : No. 08-0346 ORDER AND NOW, this day of , 2008, upon consideration of Defendant Powell’s motion for an extension of time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. Defendant Powell’s time to respond to Plaintiff David Cooper’s Complaint is hereby ENLARGED to June 16, 2008. BY THE COURT: EDUARDO C. ROBRENO, J. Case 2:08-cv-00346-MSG Document 16 Filed 05/15/2008 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAVID T. COOPER, : CIVIL ACTION : Plaintiff : : v. : : REGINALD A. ROBERTS, et al., : : Defendants : No. 08-0346 MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO PLAINTIFF’S COMPLAINT Pursuant to Federal Rule of Civil Procedure 6(b), Defendant Dennis Powell, by his attorney Kevin R. Bradford, Deputy Attorney General, moves the Court to grant an extension of time in which to respond to Plaintiff David Cooper’s Complaint. That response is currently due on May 16, 2008. Defendant Powell relies on the following reasons for his request: 1. This matter was referred to the Pennsylvania Office of Attorney General and then administratively assigned to undersigned counsel last week. 2. Plaintiff’s Complaint contains a number of facts and claims against Defendant Powell. 3. Undersigned counsel needs time to carefully review those facts and claims, gather the necessary information for a response, and compose that response. 4. Extending the time for Defendant Powell’s response to Plaintiff’s Complaint to June 16, 2008 (a 30-day extension) should provide sufficient time to file the response. Case 2:08-cv-00346-MSG Document 16 Filed 05/15/2008 Page 2 of 4 - 2 - 5. Plaintiff will not be prejudiced by a brief extension. 6. This motion is made without dilatory intent. WHEREFORE, the Defendant Powell prays for an order extending the deadline for his response to Plaintiff’s Complaint to June 16, 2008. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: s/ Kevin Bradford Kevin R. Bradford Office of Attorney General Deputy Attorney General 21 S. 12th Street, 3rd Floor Attorney I.D. No. 88576 Philadelphia, PA 19107 Phone: (215) 560-2262 Susan J. Forney Fax: (215) 560-1031 Chief, Litigation Section Date: May 15, 2008 Case 2:08-cv-00346-MSG Document 16 Filed 05/15/2008 Page 3 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAVID T. COOPER, : CIVIL ACTION : Plaintiff : : v. : : REGINALD A. ROBERTS, et al., : : Defendants : No. 08-0346 CERTIFICATE OF SERVICE I, Kevin R. Bradford, hereby certify that the Motion for extension has been filed electronically on May 15, 2008 and is available for viewing and downloading from the Court’s Electronic Case Filing System (“ECF”). The following parties are listed as ECF Filing Users and are therefore automatically served by electronic means:  David P. Karamessinis, Esquire [dkarames@travelers.com; kjaffe@travelers.com] I further certify that a true and correct copy of this document was mailed on May 15, 2008 by first class mail, postage prepaid to the following parties who are not listed as ECF Filing Users in this matter: David T. Cooper, Inst. #DJ-7072 State Correctional Institution at Huntingdon 1100 Pike Street Huntingdon, PA 16654-1112 Philip W. Newcomer, Chief of Litigation Montgomery County Solicitor’s Office One Montgomery Plaza - Suite 800 Norristown, PA 19404 By: s/ Kevin Bradford Kevin R. Bradford Office of Attorney General Deputy Attorney General 21 S. 12th Street, 3rd Floor Attorney I.D. No. 88576 Philadelphia, PA 19107 Phone: (215) 560-2262 Susan J. Forney Fax: (215) 560-1031 Chief, Litigation Section Case 2:08-cv-00346-MSG Document 16 Filed 05/15/2008 Page 4 of 4