Free Motion for Extension of Time to File Answer - District Court of Delaware - Delaware

Case 1:06-cv-00701-SLR

Document 17

Filed 12/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) )

CHARLES R. BURLEY, Plaintiff, v. RAFIEL WILLIAMS and WILLIAM JOYCE, Defendants.

C.A. No. 06-701-SLR Jury Trial Demanded

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME OUT OF TIME PURSUANT TO FED. R. CIV. P. 6(b)(2) Defendant Raphael Williams, by and through undersigned counsel, respectfully moves this Honorable Court to enter an Order granting an enlargement of ten days within which to file a response to Plaintiff's Complaint. In support of this motion, Defendant offers the following: 1. 2. On November 20, 2006, Plaintiff filed this Complaint. (D.I.1). On or about October 9, 2007, Defendant Raphael Williams signed and returned a

Waiver of Service with an answer due on December 4, 2007. (D. I. 13). 3. Defense counsel had anticipated being able to file an Answer by December 4,

2007. Response to Plaintiff's Complaint requires the collection and review of records for an accompanying affidavit with Plaintiff's Answer. In addition, the press of other litigation and its accompanying time constraints have created the need for more time to review records and draft the Defendant's Answer. 4. Counsel has just received the necessary affidavit. Counsel therefore requests an

enlargement of ten (10) days from the December 4, 2007, deadline for filing a response until

Case 1:06-cv-00701-SLR

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Filed 12/14/2007

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today, December 14, 2007. 5. 6. There is no trial date scheduled in this case. A form of order is attached to this motion that will grant the Defendant a ten (10)

day extension from the December 4, 2007, deadline until today, December 14, 2007, in which to file Defendant's response. WHEREFORE, the Defendant respectfully requests that this Honorable Court grant his Motion and enter an Order, substantially in the form attached hereto, enlarging Defendant's time until today, December 14, 2007, in which to file Defendant's Answer to Complaint.

DEPARTMENT OF JUSTICE STATE OF DELAWARE _/s/ Catherine Damavandi_____ Catherine Damavandi, ID #3823 Deputy Attorney General 820 N. French St. 6th Fl., Wilmington, DE 19801 (302)577-8400 Attorney for Defendant Raphael Williams Dated: December 14, 2007

Case 1:06-cv-00701-SLR

Document 17

Filed 12/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) )

CHARLES R. BURLEY, Plaintiff, v. RAFIEL WILLIAMS and WILLIAM JOYCE, Defendants.

C.A. No. 06-701-SLR Jury Trial Demanded

ORDER

This

day of

, 200__, IT IS HEREBY ORDERED, that Defendant

Raphael Williams' Motion for Enlargement of Time Out of Time is GRANTED and, Defendant Raphael Williams has filed simultaneously with this Motion his Answer to Complaint.

___________________________ The Honorable Sue L. Robinson United States District Court Judge

Case 1:06-cv-00701-SLR

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Filed 12/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) )

CHARLES R. BURLEY, Plaintiff, v. RAFIEL WILLIAMS and WILLIAM JOYCE, Defendants.

C.A. No. 06-701-SLR Jury Trial Demanded

7.1.1 CERTIFICATION OF COUNSEL The counsel for Defendant Raphael Williams, Deputy Attorney General Catherine Damavandi, files this certification in compliance with Rule 7.1.1 of the Local Rules of Civil Procedure and certifies that: 1. Delaware. 2. Since the Plaintiff is not able to be reached by telephone, counsel for the Plaintiff is an inmate incarcerated at the Delaware Correctional Center in Smyrna,

Defendant has spent no time in attempting to reach an agreement on the subject of the motion for enlargement of time. 3. She assumes the motion is opposed.

DEPARTMENT OF JUSTICE STATE OF DELAWARE _/s/ Catherine Damavandi_____ Catherine Damavandi, ID #3823 Deputy Attorney General 820 N. French St. 6th Fl., Wilmington, DE 19801 (302)577-8400 Attorney for Defendant Raphael Williams Dated: December 14, 2007

Case 1:06-cv-00701-SLR

Document 17

Filed 12/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) )

CHARLES R. BURLEY, Plaintiff, v. RAFIEL WILLIAMS and WILLIAM JOYCE, Defendants.

C.A. No. 06-701-SLR Jury Trial Demanded

CERTIFICATE OF SERVICE I hereby certify that on December 14, 2007, I electronically filed the attached Motion for Enlargement of Time Out of Time with the Clerk of Court using CM/ECF. I hereby certify that on December 14, 2007, I have mailed by United States Postal Service, the document to the following non-registered party: Charles R. Burley SBI#141273 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi Catherine Damavandi, ID#3823 Deputy Attorney General Department of Justice Carvel State Bldg., 6th Fl., 820 N. French Street Wilmington, DE 19801 Attorney for Defendant Raphael Williams