Memorandum in Support of Motion, filed by Gerardine Gabriela Botte, Chau-Chyun¶

Zapata Hincapie v. Texas Tech University et al, No. 5:23-cv-00045-H (N.D. Tex.) · Dkt. 23 · 2023-09-06 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

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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.

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CIVIL ACTION NO. 5:23-cv-00045

JURY DEMAND

DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANTS’ FIRST AMENDED
MOTION TO DISMISS
TO THE HONORABLE JUDGE 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. ChauChyun Chen, Dr. Siva Vanapalli, Dr. Wei Li, and Dr. Harvinder Singh Gill (collectively the
“Defendants”) file this Unopposed Motion for Extension of Time to File a Reply to Plaintiff’s
Response to Defendants’ First Amended Motion to Dismiss, and respectfully show the following:
1.

The current deadline to file Defendants’ reply is September 14, 2023.

2.

During the week the responsive pleading is due, and in the week prior, defense

counsel has several matters scheduled in other cases, including the preparation and filing of a
dispositive motion, fact witness meetings, and trial preparation in a state court case. As a result,

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defense counsel will not have sufficient time to review Plaintiff’s Response to Defendants’ First
Amended Motion to Dismiss First Amended Complaint and prepare, finalize, and file a responsive
pleading by September 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
September 28, 2023 to do so.
3.

Defendants have conferred with counsel for Plaintiff who indicated that he is

unopposed to this motion.
4.

Neither party will suffer prejudice from this brief extension of time.

5.

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 for Defendants’ reply to September 28, 2023.
Respectfully submitted.
ANGELA COLMENERO
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
RYAN KERCHER
Deputy Chief, General Litigation Division

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/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 September 6, 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

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