Free Motion for Extension of Time to Amend - District Court of Delaware - Delaware

Case 1:05-cv-00176—GI\/IS Document 54 Filed 10/25/2007 Paget of 3
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INSTITUTE FOR DISABILITIES *
RESEARCH AND TRAINING, INC. *
Plaintiff
v. * Case No. 05-176-GMS
WAL-MART STORES, INC. *
Defendant
MOTION FOR ENLARGEMENT OF TIME
Institute for Disabilities Research and Training, Inc., Plaintiff in the above-
captioned case, in accordance with Federal Rule of Civil Procedures 6(b) moves to enlarge
the time to file a Motion to Amend or Alter Judgment in the above-captioned case, to thirty
(30) days from the date of the Judgment of September 25, 2007 and for cause states as
follows:
1. That the Plaintiff believed and had reasonable basis to believe that the
parties would reach an agreement on the monetary amount that was described by and
included within the Court's Judgment of September 25, 2007.
2. That the Plaintiff had seasonably contacted the Defendant to discuss the
monetary amotmt, had provided documentation of the monetary amount and had reason to
believe that the Defendant would agree to its payment without the need to amend or alter
the Court's Judgment of September 25, 2007 to include a specific monetary amount; i.e.
monetary judgment.

I Case 1:05-cv-00176—GI\/IS Document 54 Filed 10/25/2007 Page 2 of 3
3. That the Plaintiff discussed this matter with counsel for the Defendant on
October 3, 2007 and was advised that the amount reiterated and stated in a written
memorandum of the discussion would be passed on to Wal-Mart and the Plaintiff would be
advised of Wal-Mart's response. (See Exhibit 1 of Motion to Alter or Amend Judgment,
Alternatively, For Relief from Judgment.)
4. On October 10, 2007, the Plaintiff contacted the Defendant by written
letter and in relevant part requested the Defendant to advise the Plaintiff as to its response
to the letter of October 3, 2007 stating:
Please let me know as soon as possible because if I
need to do so, I will file a motion under Rule FRCP
6(b)(2) and 59(e) to request the court to amend the
Judgment to a monetary judgment for enforcement;
or alternately, under FRCP60(b) for Relief of
Judgment. I hope that will not be necessary. (A
redacted copy of the letter is attached as Exhibit 1
hereto.)
5. On October 17, 2007, Plaintiffs counsel contacted counsel for Wal-Mart
and left a recorded message for Wal-Mart's counsel to advise Plaintiff as to the status of
this matter. (See attached Affidavit.)
6. On October 19, 2007, a recorded message from counsel for Wal-Mart was
received which, in relevant part, stated that Wal-Mart had not responded to its counsel,
counsel for Wal-Mart had a meeting with representatives from Wal-Mart and was waiting
for a response. (See attached Affidavit.)
7. As of October 24, 2007, there have been no further responses from Wal-
Mart or its counsel.
2

Case 1:05-cv-00176—GI\/IS Document 54 Filed 10/25/2007 Page 3 of 3
WHEREFORE, Plaintiff moves for an extension of time of thirty (30) days to file
a Motion to Amend or Alter Judgment under Federal Rules of Civil Procedure 59.
MORRIS JAMES LLP
Patricia R. Uhlenbrock (#4011)
500 Delaware Avenue, Suite 1500 I
P.O. Box 2306
Wilmington, DE 19899-2306
(302) 888-6880
pu11lenbrocl<(Q1,),mo1·ris]`ames.com
Attorneys for Plaintwf
Institute for Disabilities Research
and Training, Inc.
OF COUNSEL:
Harvey Greenberg, Esquire
29 W. Susquehanna Avenue — Suite 700
Towson, MD 21204
(410) 823-2277
DATED: October 25, 2007
1627061/1
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