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

Case 1:05-cv-00047-GMS

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Filed 04/13/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BRIAN K. REINBOLD, Plaintiff, v. UNITED STATES POSTAL SERVICE, and NALC LOCAL 191, Defendant. : : : : : : : : : :

Civil Action No. 05-47-GMS

MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT The United States Postal Service, through the undersigned, hereby moves the Court, pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, for an enlargement of time in which to file a response to the Complaint in the captioned matter, and in support thereof avers as follows; 1. The Complaint was filed on January 28, 2005, and served on the office of the

United States Attorney for the District of Delaware on February 3, 2005. 2. The undersigned was unable to confirm service of the Complaint on the Attorney

General of the United States, as required by Rule 4 of the Federal Rules of Civil Procedure. 3. By February 15, 2005, when no proof of service on the Attorney General had

been filed, and still unable independently to confirm such service, the undersigned wrote to Plaintiff at the address provided in the Complaint (a post office box), explained that service appeared to be ineffective, and informed Plaintiff exactly what steps needed to be taken to perfect service. 4. No response was received from Plaintiff.

Case 1:05-cv-00047-GMS

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5.

On Tuesday, April 12, 2005, approaching sixty days from the February 15

correspondence, the undersigned checked the Court's docket and discovered for the first time that on March 10, 2005, Plaintiff had filed proof of service on the Attorney General effective on February 4. Thus, a response to the Complaint was due to be filed on or before April 5, 2005. 6. The undersigned immediately attempted to contact Plaintiff by telephone to

request his agreement to a stipulation to extend the time for the United States Postal Service to file a response to the Complaint, by calling him at the telephone number listed in the telephone directory. That number has been disconnected and no further information is available. 7. Rather than take the time to attempt once again to reach Plaintiff by mail to

ascertain his willingness to enter in to such a stipulation, the undersigned thought it best to bring this matter to the Court's attention as soon as possible. 8. The Postal Service's response to the Complaint is ready to be filed immediately

upon approval by the Court of this motion. A copy of the proposed Answer is attached as Exhibit A. 9. motion. 10. As shown above, the undersigned avers that she has made a reasonable effort to Counsel for Co-defendant NALC Local 191 has no objection to the instant

reach agreement with Plaintiff on the matters set forth herein, as required by LR 7.1.1. 11. The undersigned regrets the inconvenience to the Court, counsel and Plaintiff.

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WHEREFORE, the United States Postal Service requests the Court to extend the date by which it may respond to Plaintiff's Complaint until two business days following the date the Court grants the instant motion. Respectfully submitted, COLM F. CONNOLLY United States Attorney By: /s/Patricia C. Hannigan Patricia C. Hannigan Assistant United States Attorney Delaware Bar I.D. No. 2145 The Nemours Building 1007 Orange Street, Suite 700 P. O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 [email protected]

Dated:April 13, 2005

IT IS SO ORDERED this

day of

, 2005.

HONORABLE GREGORY M. SLEET District Judge

Case 1:05-cv-00047-GMS

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CERTIFICATE OF SERVICE

I hereby certify that on April 13, 2005, I electronically filed a MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT with the Clerk of Court using CM/ECF. Notification of such filing will be mailed to the following: Brian K. Reinbold P. O. Box 2565 Wilmington, DE 19805 Pro Se COLM F. CONNOLLY United States Attorney By: /s/Patricia C. Hannigan Patricia C. Hannigan Assistant United States Attorney Delaware Bar I.D. No. 2145 The Nemours Building 1007 Orange Street, Suite 700 P. O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 [email protected]