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

Case 1:04-cv-00425-SLR

Document 32

Filed 12/12/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Civil Action No. 04-425 (SLR) v. MBNA AMERICA BANK, N.A., a subsidiary of MBNA CORPORATION, Defendant.

MOTION TO ADJUST BRIEFING AND AFFIDAVIT SCHEDULE Pursuant to Local Civil Rule 7.1.2, Plaintiff Equal Employment Opportunity Commission ("Commission") hereby moves for an Order Extending the Time to File its Answering Brief in Response to Defendant MBNA's Motion for Summary Judgment two business days to December 14, 2005. Defendant MBNA filed its Opening Brief in Support for Summary Judgment on November 15, 2005. On November 30, 2005, the Court approved the parties' Stipulation to Adjust Briefing and Affidavit Schedule. Under the Stipulation, the Commission was to file its Answering Brief no later than December 12, 2005. The Commission's Answering Brief is complete. However, the Commission needs additional time to finalize the brief (i.e., prepare table of contents, table of authorities, nature of case, procedural history, summary of argument, etc.). Counsel for the EEOC attempted to contact Defendant's counsel to discuss his position on this non-dispositive motion. However, due to the late hour, he was unable to reach him. Accordingly, the Commission respectfully requests a brief extension of two business days to

Case 1:04-cv-00425-SLR

Document 32

Filed 12/12/2005

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allow sufficient time to complete its brief in conformity with the Local Rules. Respectfully submitted, ____________/S/_________________________ Rudolph Contreras Assistant United States Attorney Chief, Civil Division 1007 N. Orange Street Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 ext. 154

____________/S/_________________________ Terrence R. Cook Senior Trial Attorney U.S. Equal Employment Opportunity Commission 21 South Fifth Street Philadelphia, PA 19106 (215) 440-2688 Dated: December 12, 2005

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Case 1:04-cv-00425-SLR

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Filed 12/12/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 12th day of December 2005, I electronically filed the attached MOTION TO ADJUST BRIEFING AND AFFIDAVIT SCHEDULE with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

Sheldon N. Sandler The Brandywine Bldg. 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391

_________/S/__________________ RUDOLPH CONTRERAS Chief, Civil Division Assistant United States Attorney 1007 Orange Street Suite 700 Post Office Box 2046 Wilmington, Delaware 19899-2046 (302) 573-6277