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

. Case 1:06-cv-00005-JJF Document 47 Filed O3/O2/2007 Page1 of 2 .
I IN THE UNITED STATES DISTRICT COURT A
M FOR THE DISTRICT OF DELAWARE
JEFFREY M. NORMAN, :
Plaintiff A
v. C.A. N0. 06-005-JJF 3
DAVID W. ELKIN, RICHARD M. SHORIN 3
and THE ELKIN GROUP, INC., : Jury Trial Demanded A
Defendant, Y
and
U.S. MOBILCOMM, INC.
Nominal Defendant.
PLAINTIFF’S MOTION FOR AN EXTENSION OF TIME i
Pursuant to D. Del. LR 7.1.2, Plaintiff Jeffrey M. Norman ("Plaintiff’), respectfully L
requests that the Court grant an extension of time for Plaintiff to respond to Defendants’ Motion
for Summary Judgment (the "Motion"). In support of this motion, Plaintiff states as follows:
1. Defendants’ Motion, together with it supporting documents, was filed with the A
Court on February 16, 2007, beginning at 10:39 p.m. (D.I. 42). Plaintiffs’ answering brief in
opposition to the Motion is currently due on or before Monday, March 5, 2007.
2. By email dated February 27, 2007, Plaintiffs counsel requested two additional
weeks to submit its answering brief. (February 27, 2007 email attached hereto as Exhibit A).
Defendants failed to respond in any way to this first request. Plaintiffs counsel followed-up
with a second email request dated March 1, 2007. (March 1, 2007 email attached hereto as i
Exhibit B). Defendants failed to respond in any way to this second request. if
3. After receiving no response to the email requests, Plaintiffs counsel attempted to A
contact both Defendants’ lead and local counsel by telephone on March 2, 2007 to request an
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Case 1:06-cv-00005-JJF Document 47 Filed O3/O2/2007 Page 2 of 2
extension of time. Despite messages being left with two attorneys, Defendants have not, as of
the filing of this motion, returned either call or responded to either of the two email requests. S
Not having received any response from Defendants’ counsel, Plaintiff was forced to submit this 1
motion to the Court.
4. Plaintiff requires additional time to submit his answering brief because his S
attorneys had pre-existing business commitments that prohibited the drafting of a responsive 1
brief within ten (10) business days of the filing of the opening brief`. Moreover, Plaintiff has not
yet had the opportunity to discuss the substance of the opening brief with his attomeys.
5. Plaintiff respectfully requests that he be afforded an additional twelve (12)
business day extension to submit his answering brief in opposition to Defendants’ Motion. With i
this extension, Plaintiffs answering brief will be filed on or before Wednesday, March 21, 2007.
6. Pursuant to D. Del. LR 7.1.1, the undersigned counsel certifies that efforts were
made (as noted above) to resolve this matter without Court intervention.
Dated: March 2, 2007 ' Zmt E ;gi,j.§Qg,,, S
Sean J. ellew (#4072)
David A. Felice (#4090) _
Cozen O’Connor
1201 N. Market Street, Suite 1400
Wilmington, DE 19801 .
Telephone: (302) 295-2000
Facsimile: (302) 295-2013 p
Attorneys for Plaintyf
2
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