Free Motion for Extension of Time to File Response/Reply - District Court of Delaware - Delaware

Case 1 :04-cv—O091 1—GI\/IS Document 168` Filed 04/20/2006 Page 1 of 4
IN TI·IE UNITED STATES DISTRICT COURT I
FOR TI·IE DISTRICT OF DELAWARE
JAN KOPACZ and CA'I`I·IY KOPACZ, I : C.A. No. 04-911 GMS
Plaintiffs, Jury Trial Demanded .
DELAWARE RIVER AND BAY I
AUTHORITY, and CRAIG SWETT, :
Defendants.
JAN KOPACZ, C.A. N0. O4-1281 GMS
Plaintiff]
DELAWARE RIVER AND BAY
AUTHORITY, :
· Defendant.
PLAINTIFF’S MOTION FOR EXTENSION OF TIIWE
Hill F! Oil, T • il L ? I I il I T ir. • larsl! A
COME NOW, Plaintiffs, by and through their undersigned counsel, who respectfully
move the Court pursuant to Local District Court Civil Rule 7.1.2 to grant a Eve-day extension
within which Plaintiffs may tile Reply Memoranda. In support of this Motion, Plaintiffs’
counsel states as follows:
1. The undersigned serves as local counsel to Plaintiff PlaintiiTs’ out-of-state
counsel, E. Allred Smith, Esquire, has been handling the substantive matters in this litigation
since the outset. Local counsel has provided base·tending responsibilities only. Prior to April 6,
s34s1v1

Case 1 :04-cv—0091 1—GI\/IS Document 168 Filed 04/20/2006 Page 2 of 4
2006, undersigned counsel’s assistant was forwarding pleadings and court papers to Mr. Smith.
It was undersigned counsel’s belief and understanding, however, that Mr. Smith was accessing
court papers and pleadings through PACER°.
2. On April 6, 2006, Defendant, Delaware River and Bay Authority ("DRBA") tiled
Memoranda in Opposition to Plaintiffs Motions for Attomeys Fees and Costs, and for
Prejudgrnent Interest. These documents were tiled electronically and were available on
PACER°. Also on April 6, 2006, the undersigned’s assistant who was handling the Kopacz
matter went on vacation and did not retum until April 17, 2006. On April 17, 2006 upon her
retum nom vacation, she forwarded the aforementioned Reply Memoranda to Mr. Smith. Mr.
Smith called the undersigned and advised that he had never seen these before, and wondered
why they had not been forwarded to him. The undersigned told him that he thought that Mr.
Smith was receiving the pleadings directly through e·iiling.
3. The oversight in not forwarding the Reply Memoranda of DRBA to Mr. Smith
was solely the fault of the undersigned local counsel due to a misunderstanding as to Mr.
Smith’s receipt of these papers directly through PACER°.
4. The local rules permit tive (5) days within which to iile a Reply Brief or
Memorandum pursuant to Rule 7 .1.2.
5. The undersigned has contacted Mary Elisa Reeves, Esq., counsel for DRBA and
she has authorized the undersigned to advise the court that she has no opposition to the
requested relief
WHEREFORE, the undersigned cotmsel for Plaintiffs respecthilly prays that the Court
grant Plaintiffs an additional tive days within which to tile Reply Memoranda in Response to
DRBA’s opposition to their motion for attorneys’ fees and costs and prejudgment interest.
sam vt

Case 1 :04-cv-00911-GIVIS Document 168 Filed 04/20/2006 Page 3 of 4
Respectfully submitted,
SEITE VAN 0G EN, P.A
/
JAMES S. GREEN, ESQ. (DE0481)
][email protected]
222 Delaware Avenue, Suite 1500
P. O. Box 68
Wilmington, DE 19899
(302) 888-0600
Attomeys for Plaintiffs
OF COUNSEL: -
E. Alfred Smith, Esquire
E. Al&·ed Smith & Associates _
1333 Race Street, Second Floor
Philadelphia, PA 19107
Date: April 18, 2006
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Case 1 :04-cv—O091 1—GI\/IS Document 168 Filed 04/20/2006 Page 4 of 4

` I HEREBY CERTIFY that on April 18, 2006, I electronically iiled with the Clerk of
Court PLAINTIFFS’ MOTION FOR EXTENSION OF TIME WITI·IIN WI·HCH TO FILE
REPLY MEMORANDA using CM/ECF which will send notification of such tiling to the
following:
I Carmella P. Keener, Esq.
Rosenthal, Monhait & Goddess, P.A.
919 N. Market Street, Suite 1401
Citizens Bank Center
P. O. Box 1070
Wilmington, DE 19899
Mary Elisa Reeves, Esq.
Donna Adelsberger & Associates, P.C.
6 Royal Avenue, P. O. Box 530
Glenside, PA 19038-0530
Jages S. Green, Esq. (DE #481)
[email protected]