PLAINTIFF'S EMERGENCY MOTION TO EXTEND TIME TO OPPOSE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (#50)

Second Request

RICHARD F. BOULWARE, II, District Judge.

Plaintiff Patricia Kennedy, by and through her attorney, Dan M. Winder, Esq. of the Law Office of Dan M. Winder, P.C., hereby Moves this Court extend time to file a response to Defendants' Motion for Summary Judgment (#50: 02/05/16) pursuant to LR 6-1 and 7-5 on the following grounds:

The undersigned declares under penalty of perjury and certifies the following facts are true:

1. Defendants' Motion exceeds the 30 page limit imposed by LR 7-4

2. The Motion contains complex legal and factual issues which are dispositive and time consuming to address.

3. Much of the discovery, though timely sought, was not supplied until after the Motion for Summary Judgment was filed.

4. That the discovery in this matter is voluminous and requires considerable time to process.

4. That Lead Counsel, Mr. Winder, in this matter has been intimately involved with the last illness and death of his Aunt, who died without children and husband and for whom he and his sisters are the closest living relatives.

5. That the Response to the Motion was originally due on the 29th of February, was extended by court order on stipulation (#61) to the 4th of March,

6. That since the stipulation was signed, the Aunt has died,

7. Mr. Winder's personal grief and family obligations arising from the last illness and death of his Aunt are consuming much of his time and making the preparation of the extensive response required extremely difficult if not impossible. He will be able to have the response completed by the 7th of March, 2016, only 7 days after it was originally due and one business day after the 4 day extension previously granted.

8. That this is an emergency because there is insufficient time to resolve this issue in due course before the response is due.

10. That after sincere effort to do so, movant has been unable to resolve the matter without court action. Plaintiff's counsel spoke with Defendant's counsel regarding this matter just before the Stipulation and Order Regarding Response to Summary Judgment (#61) was signed on the 26th of February, 2016.

11. That this Motion is not made for delay and that no significant delay in the proceedings will result as a consequence of this one business day extension of time.

12. That on Friday, March 4, 2016, Plaintiff's attorney sent Mr. Pitegoff an email and attempted to make telephonic contact about stipulating to extend the deadline to Monday, March the 7th of March, 2016.

IT IS SO ORDERED.