UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN
CIVIL ACTION NO.: 1:21-cv-48-GNS
REBECCA ENGLAND
PLAINTIFF
VS.
DEPUTY KENNY PERKINS, ET AL.
DEFENDANTS
MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT
Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and Western District of Kentucky Local Rule 7.1(b), Plaintiff Rebecca England respectfully moves this Honorable Court to extend the time within which to answer or otherwise respond to Defendants’ Motion to Dismiss Plaintiff’s Complaint filed in the above-captioned case.
PROCEDURAL BACKGROUND
Plaintiff filed her Complaint and Summons electrically on or about March 19, 2021. (Exhibit A).
On or about June 2, 2021, Defendants filed a Motion to Dismiss Plaintiff’s Complaint, and its Memorandum of Points and Authorities thereof. (Exhibit B).
Pursuant to Western District of Kentucky Local Rule 7.1(c), Plaintiff had 21 days to file a response to Defendants’ Motion to Dismiss.
However, Plaintiff failed to file a response within the said time because Defendants’ Motion to Dismiss raises serious allegations that needed adequate time to review the said Motion, research the law, and prepare a proper brief.
LEGAL ARGUMENT
There exists Good Cause to grant Plaintiff’s Motion
The Court may grant an extension of time for good cause pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure. The said section states in that regard that, “when an act may or must be done within a specified time, the court may, for good cause, extend the time…” (Emphasis added).
Also, Rule 6(b)(1)(B) of the Federal Rules of Civil Procedure provides that “[w]hen an act may or must be done within a specified time, the court may, for good cause, extend the time . . . on motion made after the time has expired if the party failed to act because of excusable neglect.” The Supreme Court has explained that “excusable neglect,” in this context, can encompass mistakes and carelessness: “Congress plainly contemplated that the courts would be permitted, where appropriate, to accept late filings caused by inadvertence, mistake, or carelessness, as well as by intervening circumstances beyond the party’s control.” Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 388 (1993).
To show good cause, a party must show both cause and prejudice. United States v. Paul, 885 F.3d 1099, 1104 (8th Cir. 2018).
The Supreme Court in Pioneer appears to have set a lower threshold to grant an extension of time on the grounds of excusable neglect. In the words of the Honorable Court, excusable neglect includes “mistakes and carelessness. “
In the instant action, Plaintiff’s ground for seeking an extension of time is that Plaintiff’s counsel needed more time to review Defendants’ Motion, research the law, and prepare a proper brief, considering the serious allegations raised in Defendant’s Motion. Plaintiff contends that this amounts to a good cause justification to grant Plaintiff’s Motion for an Extension of Time.
Plaintiff would be prejudiced if she is denied the instant Motion for an Extension of Time, because she will be barred from opposing Defendants’ Motion to Dismiss.
WHEREFORE, Plaintiff respectfully request that her Motion for Extension of Time be granted. For the Court’s convenience, a proposed Order is attached herein.
Respectfully Submitted,
CERTIFICATE OF SERVICE
This certifies that I have this day filed the within and foregoing Plaintiff’s Motion for Extension of Time to Respond to Defendant’s Motion to Dismiss electronically using the CM/ECF system, which automatically sends notice and a copy of the filing to all counsel of record through the Court’s electronic filing system.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN
CIVIL ACTION NO.: 1:21-cv-48-GNS
REBECCA ENGLAND
PLAINTIFF
VS.
DEPUTY KENNY PERKINS, ET AL.
DEFENDANTS
PROPOSED ORDER
Upon Plaintiff’s Motion and the Court now being sufficiently advised, IT IS HEREBY ORDERED that the Plaintiff be granted an extension of [ENTER NUMBER] days from the date of the filing of Defendants’ Motion to Dismiss Plaintiff’s Complaint, to file Plaintiff’s Response to Defendant’s motion to Dismiss Plaintiff’s Complaint.
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