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

Case 1:07-cv-00530-SLR-LPS

Document 14

Filed 02/19/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN O. FRINK, JR. Plaintiff, v. THOMAS MACLEISH, et. al., Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 07-530 SLR

DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME IN WHICH TO RESPOND TO COMPLAINT COMES NOW Thomas MacLeish, Mark W. Seifert, Joseph A. Papili, Andrew J. Hudack, Steven T. Rizzo, John P. Forester, Thomas E. Green, and Nate McQueen, all Troopers employed by State of Delaware, Division of State Police ( Defendants ), by and through undersigned counsel, and respectfully move this Honorable Court to enter an Order granting an enlargement of time pursuant to Fed. R. Civ. P. 6(b), within which to file a responsive pleading to the Complaint in the above-captioned case. In support of this motion, Defendants and counsel aver as follows: 1. John O. Frink, Jr., ( Plaintiff ) is a pro se litigant who resides, upon information

and belief in New Castle County, Delaware. 2. On or about September 4, 2007, plaintiff filed a Complaint in this Court. The

complaint alleges civil rights violations in connection with a car and foot chase of Plaintiff by certain Delaware State Troopers who are named as defendants. Shots were fired at Plaintiff's vehicle during the pursuit, although he was not shot. On January 8, 2008, this Court issued an Order to Plaintiff to show cause for his failure to execute service. (D.I. #4). Plaintiff requested

Case 1:07-cv-00530-SLR-LPS

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Filed 02/19/2008

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and was granted a "15 day" extension of time to execute service, by Order dated January 17, 2008. (D.I. #5). 3. Service of the September 4, 2007 complaint was not executed upon the Delaware State Police Defendants, until February 6, 2008 (which was actually beyond the 15 day extension granted by the Court). (D.I. # 6-13). On that date, eight copies of the Complaint were delivered to Delaware State Police Headquarters in Dover. 4. The complaint has since been assigned to undersigned counsel, Deputy Attorney General Stephani J. Ballard. 6. According to the rules of this Court, Defendants' responsive pleading to Plaintiff's complaint would be due on Tuesday, February 26, 2008. 7. Due to the complexity of this case, involving eight individual defendants, and

allegations arising out of a police shooting, which was followed by a full internal investigation, counsel will require additional time to review documents and interview witnesses to address plaintiff's allegations and formulate a response to the complaint. In addition, counsel is engaged in discovery and briefing in other matters currently pending in this Court. Accordingly, counsel will require additional time to adequately represent her clients in this matter and respond to plaintiff's detailed (24 page, 68 paragraph) complaint. Defendants hereby request an extension of time until April 25, 2008, in which to file a responsive pleading. 8. This is Defendants' first request for an extension of time to file a responsive pleading in this case. 9. A form of order is attached to this motion that will grant Defendant an extension of time until on or before April 25, 2008, in which to file a responsive pleading.

Case 1:07-cv-00530-SLR-LPS

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Filed 02/19/2008

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WHEREFORE, for the reasons set forth above, Defendants respectfully request that this Honorable Court grant Defendants' request for an extension of time and set the deadline for filing a responsive pleading on or before April 25, 2008. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Stephani J. Ballard STEPHANI J. BALLARD, #3481 Deputy Attorney General Department of Justice State of Delaware Carvel State Office Building 820 North French Street, 6th Fl. Wilmington, DE 19801 (302) 577-8400 Attorney for DSP Defendants

Dated: February 19, 2008

Case 1:07-cv-00530-SLR-LPS

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Filed 02/19/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN O. FRINK, JR. Plaintiff, v. THOMAS MACLEISH, et. al., Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 07-530 SLR

ORDER AND NOW, this ____ day of ______________, 2008, Defendants' Motion for Enlargement of Time in Which to Respond to Complaint having been heard and considered by the Court, it is hereby ORDERED that the Motion is GRANTED and the Defendant shall file a responsive pleading to the Complaint on or before April 25, 2008.

_________________________________ J.

Case 1:07-cv-00530-SLR-LPS

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Filed 02/19/2008

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CERTIFICATE OF MAILING AND/OR DELIVERY The undersigned certifies that on February 19, 2008, she caused the attached Defendants' Motion for Enlargement of Time in Which to Respond to Complaint to be delivered to the following persons in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): John O. Frink, Jr. 3700 North Market Street Wilmington, DE 19802 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient X Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient

/s/ Stephani J. Ballard STEPHANI J. BALLARD, #3481 Deputy Attorney General Department of Justice State of Delaware Carvel State Office Building 820 North French Street, 6th Fl. Wilmington, DE 19801 (302) 577-8400 Attorney for DSP Defendants