Opinion
2 JD 2022
05-16-2023
IN RE: JUDGE MARISSA J. BRUMBACH MUNICIPAL COURT JUDGE 1ST JUDICIAL DISTRICT PHILADELPHIA COUNTY
REPONDENT JUDGE MARISSA J. BRUMBACH'S MOTION FOR EXTENSION OF DISCOVERY DEADLINE
Respondent Judge Marissa J. Brumbach, by and through the undersigned counsel, requests an extension of the discovery deadline and avers as follows:
1. On December 14, 2022, the Judicial Conduct Board filed a Complaint against Judge Brumbach alleging nine counts of judicial misconduct.
2. On January 6, 2023, this Court held a hearing on the Board's Petition For Relief For Interim Suspension Without Pay.
3. On January 12, 2023, this Court denied the Board's Petition For Relief For Interim Suspension Without Pay.
4. On January 30, 2023-although it was not docketed until the next day-Judge Brumbach filed her Omnibus Motion consistent with this Court's January 11 Order extending the deadline to file an Omnibus Motion.
5. On February 9, 2023, the Board filed its Reply to Judge Brumbach's Omnibus Motion.
6. On February 22, 2023, Judge Brumbach filed a Motion to File a Reply Brief to Board's Reply, with the proposed Reply Brief attached.
7. On February 23, 2023, this Court granted the Motion and allowed the Board ten days to file its own Reply; the Board did not do so.
8. On April 3, 2023, this Court denied Judge Brumbach's Omnibus Motion. 9. On March 24, 2023, Judge Brumbach sought a 45-day extension of the discovery deadline.
10. This Court granted Judge Brumbach's Motion for Extension of Time and set the discovery deadline as May 17, 2023.
11. During that time, Judge Brumbach filed two discovery motions: A Motion to Compel Discovery and a Motion to Issue Subpoenas Duces Tecum.
12. As of this filing, this Court has not ruled on either Discovery Motion.
13. Because this Court has not yet ruled on either Motion, Judge Brumbach respectfully requests a short two-week extension of the discovery deadline to allow Judge Brumbach time to take any necessary steps following this Court's disposition of those Motions.
14. Judge Brumbach also needs additional time to complete her review of documents to satisfy her own discovery obligation.
15. This extension of time will not unduly delay these proceedings; indeed, this Court has yet to rule on Judge Brumbach's Discovery Motions.
16. Moreover, the Board will not be prejudiced by this delay.
17. Prior to filing this Motion, undersigned counsel sought the Board's concurrence in its request for a two-week extension.
18. Melissa Norton, counsel for the Board, indicated that undersigned counsel could note her concurrence with this motion.
WHEREFORE, it is respectfully requested that this Honorable Court grant Judge Brumbach's Motion for Extension of the Discovery Deadline.
Matthew H. Haverstick (No. 85072)
Shohin H. Vance (No. 323551)
Francis G. Notarianni (No. 327461)
KLEINBARD LLC
CERTIFICATE OF COMPLIANCE
I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.
Submitted by: Kleinbard LLC
Signature: /s/ Matthew H. Haverstick
Name: Matthew H. Haverstick
Attorney No.: 85072