Opinion
Civil Action No. 3:12-CV-01089
01-08-2013
M. Clark Spoden James B. Johnson STITES & HARBISON, PLLC Attorneys for Defendant Unipres U.S.A., Inc.
JUDGE TRAUGER
MAGISTRATE JUDGE BRYANT
JURY DEMAND
MOTION OF DEFENDANT UNIPRES, U.S.A., INC., FOR PERMISSION TO FILE
SUPPLEMENTAL MEMORANDUM
Defendant Unipres U.S.A., Inc., ("Unipres") respectfully requests permission to file its supplemental memorandum (Docket No. 19) regarding its Motion to Dismiss (Docket No. 5) today, instead of January 4, 2013, as provided in this Court's Order of December 20, 2012, (Docket No. 17). Counsel for Unipres simply requests the Court's grace for the one business day extension of time. Moreover, since Defendant's Supplemental Memorandum concludes that Plaintiff's amended pleading relates back to the date the original complaint was filed under its reading of relevant authority, the one-business-day delay in filing is not material. Further, Plaintiff is not prejudiced by this one-business-day extension.
Respectfully submitted,
________________________
M. Clark Spoden
James B. Johnson
STITES & HARBISON, PLLC
Attorneys for Defendant Unipres U.S.A., Inc.