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

Case 1:07-cv-00147-SLR

Document 52

Filed 09/02/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : INC. (CMS), et al., : : Defendants. : ANTHONY PORTERFIELD, CIVIL ACTION NO.: 07-147-SLR

JURY TRIAL DEMANDED

MOTION OF DEFENDANTS, CORRECTIONAL MEDICAL SERVICES, INC., DR. DALE RODGERS AND DR. DURST, FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S ANSWERING BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Defendants, Correctional Medical Services, Inc. ("CMS"), Dr. Dale Rodgers and Dr. Durst, through their undersigned counsel, hereby move this Honorable Court to enter the attached Order, granting them an extension of time until September 16, 2008 in which to file a Reply to Plaintiff's Answering Brief in Opposition to Defendants' Motion for Summary Judgment, and, in support thereof, avers as follows: 1. On July 31, 2008, defendants, CMS, Dr. Dale Rodgers and Dr. Durst filed a

Motion for Summary Judgment and Memorandum of Points and Authorities in Support of their Motion for Summary Judgment. D.I. 48, 49, and 50. 2. On August 19, 2008, plaintiff filed his Answering Brief in Opposition to

Defendants' Motion for Summary Judgment. D.I. 51. 3. Because of the nature of the allegations in plaintiff's Answering Brief in

Opposition to Defendants' Motion for Summary Judgment, and the attachments thereto, the undersigned defense counsel requires additional time in order to respond. There is no objection to this Motion by plaintiff.

Case 1:07-cv-00147-SLR

Document 52

Filed 09/02/2008

Page 2 of 2

WHEREFORE, Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst, respectfully request that this Court grant the Defendants' Motion and enter the attached Order, granting them an extension of time until September 16, 2008 in which to file their Reply to Plaintiff's Answering Brief in Opposition to Defendants' Motion for Summary Judgment.

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: __/s/ Kevin J. Connors Kevin J. Connors, Esquire ­ I.D. # 2135 1220 N. Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899 (302) 552-4302 Attorney for Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst DATED: September 2, 2008
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Case 1:07-cv-00147-SLR

Document 52-2

Filed 09/02/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANTHONY PORTERFIELD, : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : INC. (CMS), et al., : : Defendants. : CIVIL ACTION NO.: 07-147-SLR

JURY TRIAL DEMANDED

Statement 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 he has contacted Edward J. Fornias, III, Esquire, counsel for Plaintiff regarding the Motion for an Extension of Time to Respond to Plaintiff's Answering Brief in Opposition to Defendants' Motion for Summary Judgment, and that Plaintiff's counsel has no opposition to Defendants' Motion for Extension of Time to File Reply Brief. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst Dated: September 2, 2008
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Case 1:07-cv-00147-SLR

Document 52-3

Filed 09/02/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : INC. (CMS), et al., : : Defendants. : ANTHONY PORTERFIELD, CIVIL ACTION NO.: 07-147-SLR

JURY TRIAL DEMANDED

ORDER AND NOW, this________ day of September, 2008, it is hereby Ordered that the Motion of Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst, for Extension of Time to File Reply Brief is GRANTED. Defendants shall file their Reply Brief on or before Tuesday, September 16, 2008.

____________________________________ J.

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