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

Case 1:07—cv—00715-JJF Document 24 Filed 08/21/2008 Paget of 3 _
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
SOFIENE ROMDHANI, MICHELLE )
MALONEY, and BOBBI JOE ZELLER, )
)
Plaintiffs, )
_ ) Civil Action No. 07-00715 (HF)
v. )
)
EXXON MOBIL CORPORATION, )
)
Defendant. )

DEFENDANT EXXON MOBIL CORPORATIOPPS CONSENT MOTION FOR
ENLARGEMENT OF TIME TO ANSWER OR OTHERWISE RESPOND TO
PLAINTIFFS’ SECOND AMENDED COMPLAINT
Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure, Defendant Exxon Mobil
Corporation hereby tiles this motion to extend until September 10, 2008 the time by which it
must answer or otherwise respond to Piaintiffs’ Second Amended Complaint. . Plaintiffs have
consented to this motion. A proposed order is attached to this motion.
REASONS FOR THE MOTION
l. Plaintiffs filed an Unopposed Motion for Leave to File a Second Amended
Complaint on August 7, 2008. This Court granted the motion on August I3, 2008 and the
Second Amended Complaint was entered in the Docket on August 14, 2008. Defendant
currently has 10 days from August 14, 2008 to answer or otherwise respond to the Second
Amended Complaint under Rule 15(a)(3) of the Federal Rules of Civil Procedure.
2. Both attorneys Joe Robert Caldwell and Rachel M. McKenzie are currently on
travel and unable to assist in preparing an Answer to the Second Amended Complaint.
Additionally, the Second Amended Complaint itself contains extensive factual allegations and

Case 1:07—cv—00715-JJF Document 24 Filed 08/21/2008 Page 2 of 3
six separate counts. Accordingly, Defendant requests that its time to answer the Second E
Complaint be extended until September l0, 2008.
3. Plaintiffs’ counsel has consented to the motion.
4. This is Defendants? tirst Motion for an Enlargement of Time in response to the
Second Amended Complaint}
5. The request for an extension is not lengthy and neither prejudices the Plaintiffs
nor adversely affects these proceedings. See De La Pena v. HiIl—Rom Co., [nc., 2004 WL
2538472, at *3 (W.D. Tex. Nov. 10, 2004) (citing Lacy v. Site! Corp., 227 F.3d 290, 293 (Sth
Cir. 2000)).
6. Defendant makes this request without waiving any defenses or objections,
including defenses and objections under Rule 12 of the Federal Rules of Civil. Procedure
WHEREFORE, Defendant Exxon Mobil Corporation respectfully requests that the`Cou:rt
extend the time by which it must answer or otherwise respond to Plaintiffs’ Second Amended
Complaint until September l0, 2008.
POTTER ANDERSON & CORROON LLP
OF COUNSEL:
By: /.9/ Kathleen Furey McDonough
Joe Robert Caldwell, lr. Kathleen Furey McDonough (#23 95)
Benjamin E. Kringer Sarah E. DiLuzio (#4085)
Rachel M. McKenzie Hercules Plaza, 6th Floor
BAKER BOTTS LLP 1313 N. Market Street
1299 Pennsylvania Avenue, NW P.O. Box 951
Washington, DC 20004-2400 Wilmington, DE 19801
(202) 639-7700 (302) 984-6000
Dated: August 21, 2008 Counsel for Dekndant Exxon Mobil
879407 Corporation
’ On December 4, 2007, Defendant tiled a Motion for an Enlargement of Time in response
to the original Complaint because Defendants did not receive actual service of the Complaint and
Smnmons until after its time to Answer had expired. That motion was granted by the Court on
December 5, 2007.
2

Case 1:07—cv—00715-JJF Document 24 Filed 08/21/2008 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify this 2lst day of August, 2008 that the foregoing was electronically filed
with the Clerk of the Court using CM/ECP which will send notitieation of such tiling to the
following counsel of record that the document is available for viewing and downloading from
CM/ECP:
Timothy 5. Wilson, Esquire
Martin & Wilson, P.A.
1508 Pennsylvania Avenue
Wilmington, DE l9806
/s/ Kathleen F urey McDonough
Kathleen Furey McDonough (#2395)
Potter Anderson & Corroon LLP
I3 33 North Market Street
Hercules Plaza, 6th Floor
Wilmington, DE 19801
(302) 984-6000
[email protected]

Case 1:07-cv-00715-JJF Document 24-2 Filed 08/21/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
)
SOFIENE ROMDHANI, MICHELLE )
MALONEY, and BOBBI J OE ZELLER, )
)
Plaintiffs, )
) Civil Action No. 07»00715 (JJF)
v. )
)
EXXON MOBIL CORPORATION, )
)
Defendant. )

PROPOSED ORDER
The Court having considered Defendant Exxon Mobil Corporatiorfs Consent Motion for
Enlargement of Time to Answer or Otherwise Respond to Plaintiffs” Second Amended
Complaint, it is hereby ORDERED that the Motion is GRANTED, and that Defendant has until
September 10, 2008 to answer or otherwise respond to the Second Amended Complaint.
SO ORDERED, this ____ day of August, 2008.
Joseph J. Faman, Jr.
United States District Judge

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