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

Case 1 :O7—cv—OO725-SLR-LPS Document 43 Filed 07/O3/2008 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GARY C. and GALE B. WARREN,
and TOLL BROS., INC.,
Plaintiffs,
V C.A. No. 07-725 SLR-LPS
NEW CASTLE COUNTY,
Defendant.
PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS T0
MAGISTRATE JUDGE’S REPORT ANI) RECOMMENDATION
Plaintiffs, Gary Warren, Gale Warren and Toll Bros., Inc. hereby move for a brief
extension of time in which to file Objections to the Report and Recommendation of Magistrate
Judge Leonard P. Stark tiled in this action on June 26, 2008 and in support thereof aver:
1. Federal Rule of Civil Procedure ("Fed.R.Civ.P.") 72(b)(2) provides that a party L
shall tiie and serve written objections to a Report and Recommendation of a Magistrate Judge
within ten (10) days of service ofthe report and recommendation.
2. Under Fed.R.Civ.P. 6(a)(2), Saturdays, Sundays, and "legal holidays" (which
includes independence Day) are excluded from calculating a time period when the time period is
less than eleven (1 1) days. Under Fed.R.Civ.P. 6(d), three days are added after the period would
otherwise expire.
3. The Report and Recommendation was served on Thursday, June 26, 2008.
3. Plaintiffs’ objections to the Report and Recommendation are due on or before
Monday, July 14, 2008.
4. Fed.R.Civ.P. 6(b)(l) permits a Court, for good cause, to extend the time period
for a party to act before the original time has expired.

Case 1:O7—cv—OO725-SLR-LPS Document 43 Filed 07/O3/2008 Page 2 of 2
6. Due to the complexity of the legal issues involved in this matter and a
contemporaneous briefing schedule in another matter to the Pennsylvania Supreme Court,
counsel for Plaintiffs respectfully requests a fourteen (14) day extension of time until Friday,
July 25, 2008 in which to file objections to the Report: and Recommendation.
7. Counsel for defendant has consented to this request for an extension.
Max B. Walton, Esquire
Connolly Bove Lodge & Hutz LLP
The Nemours Building
1007 North Orange Street, 8"` Floor
Wilmington, DE 19899
[email protected]
Respe subm` n · •
By: fs! Je
Jef uire (DE # 403)
1 { 2 K1 _
( ilmington li t aware 19801

Attorney for Plaintiffs
and
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
Marc B. Kaplin, Esquire
Barbara Anisko, Esquire
910 Harvest Drive
P.O. Box 3037
Blue Bell, PA 19422—0765
(610) 260-6000
2.

Case 1:07-cv-00725—SLFi—LPS Document 43-2 Filed 07/03/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GARY C. and GALE B. WARREN,
and TOLL BROS., INC.,
Plaintiffs,
C.A. N0. 07~725 SLR—LPS
v.
NEW CASTLE COUNTY,
Defendant.
ORDER
AND NOW, this day of July, 2008, it is hereby ORDERED that Plaintiffs Motion
for Extension of Time to File Objections to Report and Recommendation is hereby GRANTED
and Plaintiff shall file its objections on or before July 25, 2008.
BY THE COURT:
Judge

Case 1:07-cv-00725—SLFi—LPS Document 43-3 Filed 07/03/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GARY C. and GALE B. WARREN :
and :
TOLL BROS., INC. :
Plaintiffs, : Civil Action N0. 07-CV-725-SLR-LPS
v. :
NEW CASTLE COUNTY : JURY TRIAL DEMANDED
Defendant. :
CERTIFICATE OF SERVICE
I, Jeffery M. Weiner, hereby certify, that on July 3, 2008, I caused “‘Plaintiffs’ Motion for
Extension of Time to File Objections to the Report and Recommendation of Magistrate Judge
Leonard P, Stark" to be served, by email upon counsel of record as follows:
Max B. Walton, Esquire
Connolly Bove Lodge & Hutz LLP
The Nemours Building
1007 North Orange Street, Sth Floor
Wilmington, DE 19899
[email protected]
Respectfull ubmitted,
By: /sf Jeffre ~; _
Jeffer »* * (DE * ~! )
I . King St
1 ilmi ; e , laware 19 1
• ) 652-0505
Attorney for Plaintiffs
and
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
Marc B. Kaplin, Esquire
Barbara Anisko, Esquire
910 Harvest Drive
P.O. Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000

Case 1:07-cv-00725-SLR-LPS

Document 43

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Case 1:07-cv-00725-SLR-LPS

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Case 1:07-cv-00725-SLR-LPS

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Case 1:07-cv-00725-SLR-LPS

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