Todd v. AGR Group, Inc.

MOTION

N.D. Ill.August 9, 2013

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MICHAEL TODD, ) ) Plaintiff, ) ) No. 13-cv-4995 v. ) ) Judge Sharon Johnson Coleman AGR GROUP, INC., ) ) Defendant. ) DEFENDANT’S MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD Defendant, AGR Group, Inc. (“AGR”), by its attorneys David S. Wayne and Elizabeth A. Thompson (Arnstein & Lehr LLP, of counsel), pursuant to Federal Rule of Civil Procedure 6(b), moves for an extension of time until August 30, 2013 to answer or otherwise plead to Plaintiff’s Complaint and in support states: 1. The Complaint in this matter was filed on July 12, 2013. (Dkt. 1). Thereafter, summons was served on July 15, 2013 on AGR and an answer or other responsive pleading was due on August 5, 2013. (Dkt. 6). AGR, however, was not aware until August 8, 2013 that it had been served with summons in this lawsuit. 2. Furthermore, the undersigned counsel for AGR was only recently retained and requires time to adequately research the factual and legal allegations in the Complaint before a response can be filed. Therefore, AGR requests an additional 21 days to file its responsive pleading to Plaintiff’s Complaint. 3. On August 8, 2013, Plaintiff Michael Todd filed a “Request for Clerk of the Court to Enter Default.” In light of the foregoing, AGR also requests that this request be denied and AGR be given time to answer or otherwise plead. Case: 1:13-cv-04995 Document #: 9 Filed: 08/09/13 Page 1 of 3 PageID #:16 2 4. AGR has not requested any other extensions of time to answer or otherwise plead and no trial date has been set. Thus, this matter will not be unduly delayed if this request is granted. 5. If this request is granted, AGR will file its answer or other response to the Complaint on or before August 30, 2013. WHEREFORE, AGR Group Inc. requests that this Court grant its motion for an extension of time until August 30, 2013 to answer or otherwise plead to Plaintiff’s Complaint, deny Plaintiff’s Request for Clerk of the Court to Enter Default, and enter such other relief as is just and equitable. Respectfully submitted AGR Group, Inc., By:__/s/ Elizabeth A. Thompson One of its attorneys Hal R. Morris Elizabeth A. Thompson Arnstein & Lehr LLP, of counsel 120 South Riverside Plaza Suite 1200 Chicago, Illinois 60606 312.876.7100 11138677.1 Case: 1:13-cv-04995 Document #: 9 Filed: 08/09/13 Page 2 of 3 PageID #:17 3 Certificate of Service The undersigned, an attorney, certifies that she caused the foregoing Motion for Extension of Time to Answer or Otherwise Plead to be served by electronic mail, pursuant to the election to receive notice of filings through e-mail, on Michael Todd, at mtodd75682@aol.com, and that she electronically filed the same with the Clerk of Court by using the CM/ECF system, which sent notification of such filing to all parties of record, on or before 5:00 p.m. on August 9, 2013. /s/ Elizabeth A. Thompson Case: 1:13-cv-04995 Document #: 9 Filed: 08/09/13 Page 3 of 3 PageID #:18