Memorandum in Support of Motion, filed by John Alexander Zapata Hincapie (Attachments: # 1 Proposed¶

Zapata Hincapie v. Texas Tech University et al, No. 5:23-cv-00045-H (N.D. Tex.) · Dkt. 20 · 2023-08-17 · PDF

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

Case 5:23-cv-00045-H

Document 20

Filed 08/17/23

Page 1 of 3

PageID 342

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,1)
Dr. Wei Li,
Dr. Harvinder Singh Gill,
Defendants.

§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§

Civil Action No. 5:23-cv-00045

JURY DEMANDED

PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO DEFENDANT’S MOTION TO DISMISS
Plaintiff John Alexander Zapata Hincapie hereby files this Unopposed Motion for
Extension of Time to Submit Response to Defendant’s Motion to Dismiss and would respectfully
show the Court as follows:
(1)

On June 30, 2023, Plaintiff filed an Amended Complaint (Dkt. No. 11).

(2)

On July 31, 2023, Defendants filed a motion to dismiss the Amended Complaint

(Dkt. No. 19).
(3)

Plaintiff’s response to Defendant’s motion to dismiss the Amended Complaint is

currently due on August 21, 2023.

1

Case 5:23-cv-00045-H

(4)

Document 20

Filed 08/17/23

Page 2 of 3

PageID 343

The undersigned counsel for Plaintiff is preparing for an administrative trial that

will take up most of the week of August 21, 2023, and has a wide variety of other pressing work
obligations as well.
(5)

Given the number of issues and parties involved and the work schedule of his

counsel, Plaintiff respectfully requests a brief ten-day extension until August 31, 2023, to file his
response to the motion to dismiss.
(6)

Plaintiff’s counsel has conferred with counsel for Defendants concerning the

relief requested in this Motion, and counsel for Defendants indicated that he is unopposed to that
relief.
(7)

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

(8)

The relief requested in this unopposed motion is not sought for purposes of delay,

but only so that justice may be done.
For the foregoing reasons, Plaintiff respectfully requests that the Court grant this Motion
thereby extending the deadline for Plaintiff to respond to Defendants’ motion to dismiss until
August 31, 2023.
DATED: August 17, 2023

Respectfully submitted,
__/s/ Mark Whitburn______
Mark Whitburn
Texas Bar No. 24042144
Whitburn & Pevsner, PLLC
2000 E. Lamar Blvd., Suite 600
Arlington, Texas 76006
Tel: (817) 653-4547
Fax: (817) 653-4477
mwhitburn@whitburnpevsner.com

2

Case 5:23-cv-00045-H

Document 20

Filed 08/17/23

Page 3 of 3

PageID 344

CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with counsel of record for Defendants, Jason T.
Contreras, by electronic mail on August 17, 2023, regarding the relief requested in the foregoing
Motion and that Mr. Contreras indicated that the requested relief was unopposed.
__/s/ Mark Whitburn______

CERTIFICATE OF SERVICE
I hereby certify that the foregoing document was served on counsel of record for
Defendants on August 21, 2023, through the electronic filing service as follows:
Jason T. Contreras
Assistant Attorney General
Office of the Attorney General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
__/s/ Mark Whitburn______

3