Free Order - District Court of Delaware - Delaware

Case 1:07-cv—00213-l\/IPT Document 12 Filed 07/24/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT A
FOR THE DISTRICT OF DELAWARE
Plaintiff, {
v. E c. A. N0. 07-213-*** F {fi
MURRAY H. WITCI-IER, JR.,
Defendant.
QBDQ
At Wilmington this 24"‘ day of July, 2007.
On July 20, 2007, plaintiff mailed a motion for extension of time to
respond to defendant's motion to dismiss the complaint in which she requested an
extension of seven (7) days. Defendant filed his motion to dismiss on July 2, 2007 and
according to the service notice forwarded a copy of the motion by first class mail to
plaintiff. D.l. 8. Under D. Del. LR 7.1 .2(b), the time computed when a motion is served
by mail is consistent with Federal Rule of Civil Procedure (“FRCP") 6(a) and (e).
Pursuant to Rule 6(a), when the period of time prescribed or allowed is less than eleven
days three days are added after the prescribed period. Further, holidays and weekends
are not included in the time calculation. Since July Fourth, a federal holiday occurred
within the time period, as well as two weekends, those dates are not included in the
calculation. As a result, the court calculates that pIaintiff’s answering brief was due on
July 20, 2007. Plaintiff requests an extension of an additional seven days, although it is
not clear whether plaintiff is including the weekend within her request. In any event,

Case 1:07-cv-00213-MPT Document 12 Filed 07/24/2007 Page 2 of 2
plaintiffs request for additional time is reasonable. Therefore,
IT IS ORDERED that plaintiffs motion is granted and her answering brief
with exhibits, if any, shall be due on or before August 1, 2007.
/s/ Mary Pat Thynge
UNITED STATES I\/IAGISTRATE JUDGE