Messmer v. Harrison et al

MOTION for Extension of Time to File Response/Reply to Motion to Dismiss

E.D.N.C.April 27, 2015

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION CIVIL ACTION NO. 5:15-cv-00097-BO KIRSTEN MESSMER, Plaintiff, v. DONNIE HARRISON, in his Official Capacity as Sheriff of Wake County, North Carolina, PAT McCRORY, in his Official Capacity as Governor of North Carolina, ROY COOPER, in his Official Capacity as Attorney General of North Carolina, and FRANK L. PERRY, in his Official Capacity as Secretary of the North Carolina Department of Public Safety, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) PLAINTIFF’S MOTION FOR EXTENSION OF TIME Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, Plaintiff, by her attorneys, respectfully move this Court for an enlargement of time to respond to Defendants Pat McCrory, Roy Cooper and Frank L. Perry’s Motion to Dismiss. In support of its motion, Plaintiff shows unto the Court the following: 1. On April 6, 2015, Defendants Pat McCrory, Roy Cooper and Frank L. Perry filed their Motion to Dismiss [D.E. 21]. 2. The time for serving responses and defensive pleadings has not expired and a response is currently due from Plaintiffs on or about April 30, 2015. 3. Additional days are needed to prepare responses and defensive pleadings. 4. Counsel for the Plaintiffs has consulted with counsel for Defendants who does not object to the extension requested herein. Case 5:15-cv-00097-BO Document 25 Filed 04/27/15 Page 1 of 3 5. This Motion is made in good faith and not for purposes of undue delay. WHEREFORE, Plaintiff respectfully requests the Court for an Order permitting it an additional eight (8) days within which to file a brief responding to Defendant’s Motion to Dismiss to and including May 8, 2015. A proposed Order is attached. Respectfully submitted this the 27th day of April, 2015. WILLIAMS MULLEN BY: /s/Camden R. Webb Camden R. Webb N.C. State Bar No. 22374 crwebb@williamsmullen.com 301 Fayetteville Street, Suite 1700 Raleigh, NC 27601 P.O. Box 1000 Raleigh, NC 27602 Telephone (919) 981-4000 Facsimile (919) 981-4300 Attorneys for Plaintiffs Case 5:15-cv-00097-BO Document 25 Filed 04/27/15 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on April 27, 2015, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: Andrew H. Erteschik – aerteschik@poynerspruill.com Hal F. Askins – haskins@ncdoj.gov J. Joy Strickland – jstrickland@ncdoj.gov J. Nicholas Ellis – jnellis@poynerspruill.com WILLIAMS MULLEN BY: /s/Camden R. Webb Camden R. Webb N.C. State Bar No. 22374 crwebb@williamsmullen.com 301 Fayetteville Street, Suite 1700 Raleigh, NC 27601 P.O. Box 1000 Raleigh, NC 27602 Telephone (919) 981-4000 Facsimile (919) 981-4300 Attorneys for Plaintiffs Case 5:15-cv-00097-BO Document 25 Filed 04/27/15 Page 3 of 3