MOTION FOR JOINDER

IN THE SUPERIOR COURT OF THE STATE OF XXX

IN AND FOR XXX COUNTY

COMES NOW, XXX, pro se, and files this Response to Defendants All About Speech, LLC, A Better Learning Environment, LLC, XXX, individually, and XXX, individually (collectively, “Defendants”)’s First Request for Extension to Respond to Plaintiff’s Motions. In response thereof, Plaintiff states as follows:

                        i.         Defendants must serve their response within ten days of receiving Plaintiff’s motions

XXX.1(a)(3) provides for the timeline for filing a response to a motion. Said provision states in pertinent part that: “[u]nless a specific rule states otherwise, an opposing party must file any responsive memorandum within 10 days after the motion and supporting memorandum are served” (emphasis added).

In the instant action Defendants were served on March 23, XXX. They now attempt to abuse this Court’s process by seeking to engage in dilatory tactics to harass Plaintiff. In response to Defendants’ request, Plaintiff asserts that the Defendants must file their response within 10 days. They have four more days to respond.

                      ii.         Defendants improperly served their Request

XXX)(D) provides for service by electronic means when the parties consent to such service. Said provision states in pertinent part that a party effecting service shall serve the other party through electronic means “if the recipient consents in writing to that method of service ” Further, XXX(a) provides that each party must be served.

In the instant action, the parties had already established that they could serve each other electronically via email. However, Responding Plaintiff was not served electronically. Further he was not served at all. His wife was the one who was served Via USPA. Defendants’ conduct amount to a departure from the parties’ earlier agreement to serve via email. Plaintiff asserts that Defendants’ failure to effect service on him is a tactic to harass Plaintiff, and further curtail his right(s) to access justice.