Winston v. Samper

MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss Plaintiff's Complaint

D.D.C.December 6, 2007

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TOMMY J. WINSTON, ) ) PLAINTIFF ) ) v. ) Civ. Act. No. 07-1411 (GK) ) CRISTIÁN SAMPER ) Acting Secretary, Smithsonian Institution ) ) DEFENDANT ) * * * * * * * * * * MOTION FOR AN ENLARGEMENT OF TIME TO REPLY TO PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Defendant, Cristián Samper, as Acting Secretary of the Smithsonian Institute, in his official capacity, hereby respectfully moves the Court, pursuant to Fed. R. Civ. P. 6, for an enlargement of time within which to reply to plaintiff’s motion to dismiss, until, December 20, 2007. The reply would otherwise be due on Thursday, December 6, 2008. This is Defendant’s first request for an extension for this matter. Counsel for the Plaintiff has been contacted pursuant to LCvR 7(m); however, defendant was not able to reach him to obtain his position prior to the filing of this motion. Plaintiff has brought this action under Title VII of the Civil Rights Act of 1964 for race discrimination, retaliation and hostile work environment. This additional time is necessary because undersigned counsel was out of the office during the week of November 26, 2007 and December 3, 2007. In addition, defense counsel has had other litigation responsibilities including the following: Appellate brief in Kaufman v. Gonzales, District of Columbia, Circuit Court Case No. 06-5259; preparing witnesses and Case 1:07-cv-01411-RWR Document 14 Filed 12/06/2007 Page 1 of 2 2 defending depositions in Esquibel v. Cino, Civ. Act. No. 06-1485 (PLF); preparing for mediation in both Legnini v. USA, Civ. Act. No. 06-0012 (RJL) and Hawkins v. Gonzales, Civ. Act. No. 07-0010 (CKK); and discovery responsibilities in Anderson v. Spellings, Civ. Act. No. 06-1565 (CMC). As a result, more time is necessary to review the information provided and prepare a reply for filing. This motion is not for purposes of delay but for good cause shown. Respectfully submitted, /s/ JEFFREY A. TAYLOR, D.C. BAR # 498610 United States Attorney /s/ RUDOLPH CONTRERAS, D.C. BAR # 434122 Assistant United States Attorney /s/ HEATHER D. GRAHAM-OLIVER Assistant United States Attorney Judiciary Center Building 555 4th St., N.W. Washington, D.C. 20530 (202) 305-1334 Case 1:07-cv-01411-RWR Document 14 Filed 12/06/2007 Page 2 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TOMMY J. WINSTON, ) ) PLAINTIFF ) ) v. ) Civ. Act. No. 07-1411 (GK) ) CRISTIÁN SAMPER, ) Acting Secretary, Smithsonian Institution, ) ) DEFENDANT ) ORDER This matter comes before the Court on Defendants Motion for Enlargement of Time to file his Reply. It is by the Court this ____ day of _______________, 2007 hereby ORDERED that Defendants Motion for an Enlargement of Time is hereby GRANTED. SO ORDERED. ___________________________________ UNITED STATES DISTRICT JUDGE Case 1:07-cv-01411-RWR Document 14-2 Filed 12/06/2007 Page 1 of 1