Case 8:13-cv-03059-GJH Document 396 Filed 03/16/17 Page 1 of 3

UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND

BRETT KIMBERLIN
Civil Action No.: 8:13-CV-03059
Plaintiff, (GJH)

vs.

PATRICK FREY

Defendant.

MOTION TO EXTEND TIME TO RESPOND TO ECF 393

Defendant Patrick Frey (Mr. Frey), through counsel undersigned, respectfully requests

that this Honorable Court extend the deadline to reply to ECF 393 from March 17, 2017 until

March 21, 2017, and in support of this request states as follows.

1) Defendants due date for his reply to Plaintiffs combined reply/response to

Defendants motion for summary judgment is March 17, 2017.

2) Plaintiff filed ECF 393 on Friday, March 10, 2017, after 5 PM, and notified counsel

for Mr. Frey of this fact only after 5 PM on that date, as indicated the Motion to

Strike ECF 393 which this Court docketed at ECF 394. ECF 394 is still pending.

3) Plaintiff benefitted from two additional business days for his late filing and took two

days away from Defendants ability to respond. Two additional business days for

Patrick Frey would place the due date on Tuesday, March 21, 2017.

4) The intervening non-business days are impractical for both of Defendants counsel

due to religious and/or family obligations in each case.

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5) Mr. Kimberlin has indicated his general consent to additional time generally in his

March 14, 2017 letter to this Honorable Court which the office of the Clerk has not

yet docketed; this letter was distributed electronically to chambers and to counsel for

the Defendant during a recent winter storm, but remains undocketed. Defendant

would ask that this Honorable Court accept the consent in the aforementioned letter

as satisfactory under applicable Local Rules regarding requests for extensions.

6) No injustice will accrue to any party by this proposed deadline extension, nor will

judicial economy be unfairly taxed or burdened.

7) Nothing in this request should be considered a withdrawal of the Motion to Strike

under ECF 394, on which Defendant would respectfully request a ruling.

WHEREFORE Defendant Patrick Frey requests that this Court extend the surreply

deadline set in ECF 390 from March 17, 2017 to March 21, 2017, and requests further that this

Honorable Court rule on ECF 394 as soon as may be procedurally and substantively fair to all

parties and consistent with judicial economy.

Respectfully submitted,

___________/s/__________________ ______________/s/_______________
T. Bruce Godfrey #24596 Ronald D. Coleman (Pro Hac Vice)
JEZIC & MOYSE LLC ARCHER & GREINER
2730 University Blvd. West #604 A Professional Corporation
Silver Spring, MD 20906 Court Plaza South
240-292-7200 21 Main Street Suite 353
Facsimile: 240-292-7225 Hackensack, NJ 07601
godfrey@jezicfirm.com 201-342-6000
Counsel for Patrick Frey rcoleman@archerlaw.com
Counsel for Patrick Frey

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 Case 8:13-cv-03059-GJH Document 396 Filed 03/16/17 Page 3 of 3

CERTIFICATE OF ELECTRONIC FILING AND REGARDING WAIVER OF

MAILINGS

I, T. Bruce Godfrey, hereby certify that I have filed a copy of this document with the
United States District Court electronically and by so doing have provided compliant notice to
those parties who are registered with ECF through counsel as of this filing consistently with
Local Rule 102.1(c) on March 16, 2017. All parties, including pro se parties, have agreed to
accept service by electronic mail only and an electronic copy has been distributed to all parties.

/s/

_________________________________
T. Bruce Godfrey #24596