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

Case 1:04-cv-00219-GMS

Document 56

Filed 10/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONIAL FAYSON, ) ) Plaintiff, ) ) v. ) ) ) BERNITA EARLE and PATRICK RYAN, ) ) Defendants. )

C.A. No. 04-219-*** Jury Trial Requested

DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME COMES NOW, Defendants Bernita Earle and Patrick Ryan (the "Defendants"), by and through their undersigned counsel, and hereby move this Honorable Court (the "Motion") to enter an Order, granting an enlargement of time pursuant to Rule 6(b)(2) of the Federal Rules of Civil Procedure, in which to file a motion for summary judgment in the above-captioned case. In support of the Motion, Defendants state as follows: 1. Plaintiff Donial Fayson ("Fayson" or "Plaintiff") is an inmate

presently incarcerated at the Baylor Women's Correctional Institution ("BWCI") in New Castle, Delaware. Fayson is appearing pro se in this matter with leave to proceed in forma pauperis. 2. On March 20, 2007, this Court entered a scheduling order setting

September 28, 2007 as the discovery deadline. The Court also set October 31, 2007 as the date all case dispositive motions are due. (D.I. 43). 3. On September 27, 2007, counsel for the Defendants deposed the

Plaintiff. Discovery in the matter was complete by the discovery deadline.

Case 1:04-cv-00219-GMS

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Filed 10/25/2007

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4.

Due to the press of other litigation and the increased caseload of

the undersigned counsel, counsel for the Defendants is requesting an extension of time of 30 days ­ from October 31, 2007 to November 30, 2007 ­ to file a motion for summary judgment. 5. This is Defendants' first request for an extension of time to file a

motion for summary judgment. 6. There is no trial date scheduled in this case.

WHEREFORE, Defendants respectfully request that the Court grant the Motion and enter an Order, substantially in the form attached hereto, enlarging Defendants' time to file a motion for summary judgment until on or before November 30, 2007. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for the Defendants

Dated: October 25, 2007

-2-

Case 1:04-cv-00219-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONIAL FAYSON, ) ) Plaintiff, ) ) v. ) ) ) BERNITA EARLE and PATRICK RYAN, ) ) Defendants. )

C.A. No. 04-219-*** Jury Trial Requested

CERTIFICATION OF COUNSEL PURSUANT TO LOCAL RULE 7.1.1 The undersigned counsel hereby certifies, pursuant to Rule 7.1.1 of the Local Rules for the District Court of Delaware, that she is, as a practical matter, unable to discuss the subject of this Motion with the Plaintiff because the Plaintiff is an incarcerated inmate in a prison. Counsel for the Defendants assumes that the Plaintiff opposes the Motion. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for the Defendants

Dated: October 25, 2007

Case 1:04-cv-00219-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONIAL FAYSON, ) ) Plaintiff, ) ) v. ) ) ) BERNITA EARLE and PATRICK RYAN, ) ) Defendants. ) ORDER Upon Defendants' Motion For Enlargement Of Time (the "Motion"); and it appearing that good and sufficient notice of the Motion has been given; and after due deliberation thereon: IT IS HEREBY ORDERED as follows: 1. 2. The Motion is GRANTED. Defendants have until on or before November 30, 2007 to file a motion for summary judgment. SO ORDERED this _________ day of ______________, 2007.

C.A. No. 04-219-*** Jury Trial Requested

__________________________________________ United States District Court Judge

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on October 25, 2007, I caused a true and correct copy of the attached Defendants' Motion for Enlargement of Time to be served on the following individual in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): Donial Fayson SBI #463713 Baylor Women's Correctional Institution 660 Baylor Boulevard New Castle, DE 19720 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400