Unopposed Motion for Extension of Time to File Answer filed by Lindsay Penrose, Samuel Prien, Texas Tech University (Attachments: # 1 Proposed Order Granting Motion for¶
Wells v. Texas Tech University, et al, No. 5:23-cv-00060 (N.D. Tex.) · Dkt. 7 · 2023-04-05 · PDF
Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.
Case 5:23-cv-00060-H Document 7 Filed 04/05/23 Page 1 of 2 PageID 57 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION CARA WESSELS WELLS, Plaintiff v. TEXAS TECH UNIVERSITY, SAMUEL PRIEN, LINDSAY PENROSE, Defendants. § § § § § § § § CAUSE NO. 5:23-CV-00060-H DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S ORIGINAL COMPLAINT Defendants Texas Tech University, Dr. Samuel D. Prien, and Dr. Lindsay Penrose (collectively “Defendants”) file this unopposed motion seeking to extend the deadline to respond to Plaintiff Cara Wessels Wells’s Complaint [Dkt.1]. 1. Plaintiff filed her Original Complaint on March 22, 2023. 2. Defendant TTU was served with Plaintiff’s Original Complaint on March 28, 2023, and the deadline to file a responsive pleading is due April 18, 2023. 3. Defendants Dr. Prien and Dr. Penrose were served on March 29, 2023, and the deadline to file a responsive pleading is April 19, 2023. 4. The Office of the Attorney General has recently been retained to represent Defendants in this matter, and accordingly additional time is needed to adequately prepare a defense. 5. Defendants’ Counsel consulted with Plaintiff’s Counsel, and Plaintiff agrees to an extension of time. 6. This motion is not filed for the purposes of delay but only to ensure that the briefing filed with the Court is appropriate and will assist the Court in the resolution of the pending matter. Case 5:23-cv-00060-H Document 7 Filed 04/05/23 Page 2 of 2 PageID 58 WHEREFORE, Defendants respectfully request the Court to grant a 30-day extension to respond to Plaintiff’s Original Complaint, or by May 18, 2023. Dated April 5, 2023 Respectfully submitted. KEN PAXTON Attorney General of Texas /s/ Kirstin M. Erickson KIRSTIN M. ERICKSON Texas Bar No. 24134194 Assistant Attorney General BRENT WEBSTER First Assistant Attorney General SHAWN COWLES Deputy Attorney General for Civil Litigation CHRISTOPHER D. HILTON Chief for General Litigation Division Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, TX 78711-2548 (512) 463-2120 (512) 320-0667 FAX kirstin.erickson@oag.texas.gov COUNSEL FOR DEFENDANTS CERTIFICATE OF CONFERENCE I hereby certify that Kirstin Erickson, Counsel for Texas Tech University, conferred with Ramon Hernandez, counsel for Plaintiff, via email on April 4, 2023, on the matter in this motion. Mr. Hernandez stated that Plaintiff is unopposed. /s/ Kirstin M. Erickson KIRSTIN M. ERICKSON CERTIFICATE OF SERVICE I hereby certify that the foregoing document was served on all counsel of record on April 5, 2023, via the court’s electronic filing system. /s/ Kirstin M. Erickson KIRSTIN M. ERICKSON Defendants’ Motion for Extension Page 2 of 2