Opinion
No. 3:11-cv-994
01-13-2012
ANGEL ENRIQUE NUNEZ ESCOBAR, et al., Plaintiffs, v. LEE GAINES, et al., Defendants.
Respectfully submitted, Matthew J. Piers* Jose Jorge Behar* Jenna L. Miara* HUGHES SOCOL PIERS RESNICK & DYM, LTD. On behalf of Attorneys for Plaintiffs Andre Segura* Lee Gelernt* American Civil Liberties Union Foundation Immigrants' Rights Project Tricia Herzfeld (BPR #026014) Legal Director ACLU Foundation of Tennessee Cecillia D. Wang* American Civil Liberties Union Foundation Immigrants' Rights Project Justin Cox* American Civil Liberties Union Foundation Immigrants' Rights Project * pro hac vice admission Elliott Ozment (BPR #4331) R. Andrew Free (BPR #30513) Law Offices of Elliott Ozment ACLU-TN Cooperating Attorneys Kevin C. Klein Allison L. Bussell Assistant Metropolitan Attorneys William G. McCaskill, Jr. LeVan, Sprader, Patton & McCaskill Richard C. Mangelsdorf, Jr. Brian F. Walthart Leitner, Williams, Dooley & Napolitan, PLLC S. Delk Kennedy, Jr. Assistant United States Attorney Steve Orvhall Office of the Principal Legal Advisor, U.S. ICE Brian Abrahamson Bradley Epley Christopher Koshar Lee Gaines Eric Lim Lee Worsham Christopher Lane Patrick Hubbard Wayne Dickey Jonathon Hendrix Stephen McCormick
ORDER:
Motion denied.
U.S. Magistrate Judge
Chief Judge Campbell
Magistrate Judge Bryant
PLAINTIFFS' MOTION TO RECONSIDER AND MODIFY THE COURT'S ORDER
GRANTING DEFENDANTS AN EXTENSION OF TIME TO ANSWER
COMPLAINT
This Court should reconsider and modify its Order dated January 10, 2012 (Docket No. 103) ("Order") which granted twelve defendants —Immigration and Customs Enforcement agents sued in the their individual capacities —a 45-day extension of time to file their response to the Complaint. The request for an extension of time was filed after the time to respond had expired and after Plaintiffs had filed motions for entry of default. This Court ruled on the request without the benefit of a response from Plaintiffs. This Court should reconsider its Order to consider evidence not previously presented to the Court, and also modify its Order to prevent manifest injustice.
The request for extension of time did not establish that the defendants' failure to act was the result of excusable neglect, as required by Federal Rule of Civil Procedure 6(b)(1)(B). Indeed, the request failed to give any reason for the untimely filing. Moreover, a 45-day extension of time will cause Plaintiffs significant prejudice, substantially delay the litigation, and is not warranted.
Accordingly, and as outlined in more detail in the memorandum of law filed contemporaneously with this motion, Plaintiffs respectfully move this court to reconsider and modify its Order.
Respectfully submitted,
______________________
Matthew J. Piers*
Jose Jorge Behar*
Jenna L. Miara*
HUGHES SOCOL PIERS RESNICK & DYM, LTD.
On behalf of Attorneys for Plaintiffs
Andre Segura*
Lee Gelernt*
American Civil Liberties Union Foundation
Immigrants' Rights Project
Tricia Herzfeld (BPR #026014)
Legal Director
ACLU Foundation of Tennessee
Cecillia D. Wang*
American Civil Liberties Union Foundation
Immigrants' Rights Project
Justin Cox*
American Civil Liberties Union Foundation
Immigrants' Rights Project
* pro hac vice admission
Elliott Ozment (BPR #4331)
R. Andrew Free (BPR #30513)
Law Offices of Elliott Ozment
ACLU-TN Cooperating Attorneys
CERTIFICATE OF SERVICE
I hereby certify that on January 13, 2012, a copy of the foregoing documents was filed electronically. Parties may access this filing through the Court's electronic filing system. Notice of this filing will be sent by operation of the Court's electronic filing system to all the following parties:
Kevin C. Klein
Allison L. Bussell
Assistant Metropolitan Attorneys
William G. McCaskill, Jr.
LeVan, Sprader, Patton & McCaskill
Richard C. Mangelsdorf, Jr.
Brian F. Walthart
Leitner, Williams, Dooley & Napolitan, PLLC
S. Delk Kennedy, Jr.
Assistant United States Attorney
I hereby certify that on January 13, 2012, a copy of the foregoing documents was filed electronically. Parties may access this filing through the Court's electronic filing system. Notice of this filing will be sent by U.S. Mail to all the following parties:
Steve Orvhall
Office of the Principal Legal Advisor, U.S. ICE
Brian Abrahamson
Bradley Epley
Christopher Koshar
Lee Gaines
Eric Lim
Lee Worsham
Christopher Lane
Patrick Hubbard
Wayne Dickey
Jonathon Hendrix
Stephen McCormick
______________________
Jenna L. Miara