Unopposed Motion for Extension of Time to File Answer to Plaintiff's First Amended Complaint filed by Gerardine Gabriela Botte, Chau-Chyun Chen, Harvinder Singh Gill¶
Zapata Hincapie v. Texas Tech University et al, No. 5:23-cv-00045-H (N.D. Tex.) · Dkt. 12 · 2023-07-10 · PDF
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Case 5:23-cv-00045-H Document 12 Filed 07/10/23 Page 1 of 3 PageID 223 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION JOHN ALEXANDER ZAPATA HINCAPIE, Plaintiff, v. TEXAS TECH UNIVERSITY, Dr. Sindee Lou Simon, Dr. Albert Sacco, Jr., Dr. Mark A. Sheridan, Dr. Brandon Weeks, Dr. Gerardine Gabriela Botte, Dr. Chau-Chyun Chen, Dr. Siva Vanapalli, Dr. Wei Li, Dr. Harvinder Singh Gill, Defendant. § § § § § § § § § § § § § § § § CIVIL ACTION NO. 5:23-cv-00045 JURY DEMAND DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION TO FILE RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT TO THE HONORABLE JUDGE JAMES WESLEY HENDRIX: Defendants Texas Tech University (Texas Tech), Dr. Sindee Lou Simon, Dr. Albert Sacco, Jr., Dr. Mark A. Sheridan, Dr. Brandon Weeks, Dr. Gerardine Gabriela Botte, Dr. Chau-Chyun Chen, Dr. Siva Vanapalli, Dr. Wei Li and Dr. Harvinder Singh Gill (collectively the “Defendants”) file this Unopposed Motion for Extension to File a Response to Plaintiff’s First Amended Complaint, and respectfully show the following: 1. On June 30, 2023, Plaintiff filed a First Amended Complaint. Doc. No. 11. 2. The current deadline to file Defendants’ responsive pleading thereto is July 14, 2023. 3. During the week the responsive pleading is due, defense counsel has case activity in several other matters, including a hearing in federal court, fact witness meetings, Case 5:23-cv-00045-H Document 12 Filed 07/10/23 Page 2 of 3 PageID 224 discovery responses, and the preparation of the filing of documents for an appeal. As a result, defense counsel will not have sufficient time to review the Plaintiff’s First Amended Complaint and prepare, finalize, and file a responsive pleading by July 14, particularly in light of the number of claims being asserted as well as the number of named defendants involved. Accordingly, Defendants respectfully request until July 21, 2023 to do so. 4. Defense counsel has conferred with Plaintiff’s counsel who indicated that he is not opposed to this motion. 5. Neither party will suffer prejudice from this brief extension of time. 6. The relief requested in this unopposed motion is not sought for delay, but so justice may be done. For the foregoing reasons, Defendants respectfully request the Court grant this motion thereby extending the deadline to July 21, 2023 to respond to Plaintiff’s First Amended Complaint. Respectfully submitted. JOHN SCOTT Provisional Attorney General BRENT WEBSTER First Assistant Attorney General GRANT DORFMAN Deputy First Assistant Attorney General JAMES LLOYD Acting Deputy Attorney General for Civil Litigation KIMBERLY GDULA Deputy Chief, General Litigation Division 2 Case 5:23-cv-00045-H Document 12 Filed 07/10/23 Page 3 of 3 PageID 225 RYAN KERCHER Deputy Chief, General Litigation Division /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General Texas Bar No. 24032093 Jason.Contreras@oag.texas.gov Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 / Fax: 512-320-0667 Attorneys for Defendants CERTIFICATE OF SERVICE I certify that on July 10, 2023, a true and correct copy of the foregoing document was transmitted through the CM/ECF system of the Northern District of Texas, which automatically sends notice and a copy of the filing to all counsel of record. /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General 3