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

Case 1:04-cv-00380-SLR

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Filed 07/08/2005

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UNITED STATES DISTRICT COURT District of Delaware ANTHONY J. QUARTARONE, Individually, and ANTHONY J. QUARTARONE, as next friend of MARIO QUARTARONE, a minor, Plaintiffs, v. KOHL'S DEPARTMENT STORES, INC., Defendant. : : : : : : : : : : : : Civil Action No. 04-380-SLR

Jury Trial Demanded

MOTION OF DEFENDANT FOR ADDITIONAL TIME TO PRODUCE DOCUMENTS/DISCOVERY Defendant, by and through its undersigned counsel, moves this Honorable Court for additional time to comply with this Court's Order regarding the production of certain documents and in support thereof states: 1. This Court entered an Order on or about May 20, 2005 requiring Defendant to

produce certain documents to plaintiff within 10 days. Notice of the entry of this Order was forwarded to counsel electronically. Counsel for the Defendant was unaware of that this Order had been sent because it was apparently captured by a spam filter as "junk mail". 2. By letter dated June 1, 2005 and received on June 3, Plaintiffs' counsel wrote to

Defendant's counsel and requested the documents that were subject to this Court's Order. On that day, Defendant's counsel produced documents that were in his possession that were responsive to the Order and explained to Plaintiffs' counsel that this was the first notice of the Order and requested additional time to produce the other documents that were responsive. The only documents to be produced were copies of Complaints filed against Kohl's involving an allegation of "shop lifting" (see attached Exhibit "1").

Case 1:04-cv-00380-SLR 3.

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Defendant's counsel has had no response from Plaintiffs' counsel to this or other

letters regarding the issue raised herein requesting additional time to respond. 4. In order to obtain the documents that are responsive to Request No. 6 it is

necessary for representatives of Defendant to manually review matters/files to determine if the Complaints are responsive to this Request. Therefore, substantial time is necessary to comply with the Order. 5. Representatives of Defendant should be able to complete this review in an

additional 10 days. The delay will not prejudice the plaintiff in any manner because it is unlikely that the Complaints will provide any specific information that Plaintiffs can use towards the pursuit of their claims. 6. Prior to the issuance of this Order, defendant has responded in a timely manner to

all discovery requests in this case. WHEREFORE, Defendant respectfully requests that this Honorable Court enlarge the time to for Defendant to comply with this Court's Order.

RAYMOND W. COBB, LLC

__/s/Raymond W. Cobb_______ Raymond W. Cobb Three Mill Road Suite 206 Wilmington, DE 19806 (302) 777-4100 Attorney for Defendant DATE: July 8, 2005

Case 1:04-cv-00380-SLR

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CERTIFICATE OF SERVICE I, Raymond W. Cobb, hereby certify that on this 8th day of July 2005 I caused to be served upon plaintiff's counsel two true and correct copies of the Defendant's Motion for extension of Time to Provide Discovery electronically to the following:

Gary W. Aber, Esquire Aber, Goldlust, Baker & Over 702 King Street P O Box 1675 Wilmington, DE 19899

__/s/Raymond W. Cobb___ RAYMOND W. COBB Three Mill Road Suite 206 Wilmington, DE 19806 (302) 777-4100 Attorney for Defendant