DOE v. UNIVERSITY INCARNATE WORD et al

Western District of Texas, txwd-5:2019-cv-00957

Opposed MOTION for Extension of Time to File Response/Reply as to [5] MOTION to Dismiss for Lack of Jurisdiction by Jane UIW-Gel Doe.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JANE UIW-GEL DOE § Plaintiff § vs. § C.A. 5:19-cv-957-XR § UNIVERSITY OF THE § INCARNATE WORD and § UNIVERSITY OF THE § INCARNATE WORD SCHOOL § OF OSTEOPATHIC MEDICINE § Defendants § ________________________________________________________________________ PLAINTIFF'S OPPOSED MOTION TO EXTEND RESPONSE DATE COMES NOW, Plaintiff "JANE UIW-GEL DOE" to file this "PLAINTIFF'S OPPOSED MOTION TO EXTEND RESPONSE DATE" ("Motion") as follows: 1. Pending before this Court is the following motion: UNIVERSITY OF THE INCARNATE WORD AND UNIVERSITY OF THE INCARNATE WORD SCHOOL OF OSTEOPATHIC MEDICINE'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (Dkt.# 5) (hereafter, "MTDismiss"). 1. Defendants' MTDismiss was filed on September 11, 2019, creating a deadline of September 25, 20191 for Plaintiff to file a response ("Response"). 1 Local Rule CV-7(e)(2), requiring a response to be filed within 14 days. PLAINTIFF'S OPPOSED MOTION TO EXTEND RESPONSE DATE 1 Glaw 2019.08.06 2. Plaintiff now respectfully requests that the deadline for Plaintiff to file a Response be extended to October 10, 2019. 3. Defendants' MTDismiss seeks the dismissal the entirety of Plaintiff's claims. 4. Plaintiff can counter such MTDismiss with a properly prepared Response. 5. Since the filing of Defendants' MTDismiss, counsel for Plaintiff has been actively engaged in numerous other federal court matters in San Antonio, Austin, Houston, Corpus Christi, Victoria, and Fort Worth. 6. Plaintiff's claims against Defendants are not frivolous and have caused significant harm to Plaintiff. 7. Plaintiff wishes to pursue Plaintiff's claims against Defendant without delay. 8. This is the first extension requested by Plaintiff, and Plaintiff's request is being made not for delay, but so that justice may be done. 9. Defendants object to the foregoing request. WHEREFORE, Plaintiff respectfully requests that this Court grant this request for an extension and enter an order extending the deadline for Plaintiff to file Plaintiff's Response to Defendants' MTDismiss to October 10, 2019. PLAINTIFF'S OPPOSED MOTION TO EXTEND RESPONSE DATE 2 Glaw 2019.08.06 Respectfully submitted, Gorman Law Firm, pllc By: Terry P Gorman, Esq. Texas Bar No. 08218200 tgorman@school-law.co 901 Mopac Expressway South, Suite 300 Austin, Texas 78746 Telephone: (512) 980-4556 (direct) Telecopier: (512) 597-1455 ATTORNEYS FOR PLAINTIFF JANE UIW-GEL DOE PLAINTIFF'S OPPOSED MOTION TO EXTEND RESPONSE DATE 3 Glaw 2019.08.06 CERTIFICATE OF CONFERENCE I hereby certify that I have discussed the foregoing request with counsel for Defendants, and Defendants oppose such request. By: Terry P Gorman, Esq. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the preceding document was served via the Court's CM/ECF system on September 24, 2019 on: Katie E. Payne kpayne@wabsa.com D. Craig Wood cwood@wabsa.com WALSH GALLEGOS TREVINO RUSSO & KYLE P.C. 100 N.E. Loop 410, Suite 900 San Antonio, Texas 78216 COUNSEL TO DEFENDANTS UNIVERSITY OF THE INCARNATE WORD AND UNIVERSITY OF THE INCARNATE WORD SCHOOL OF OSTEOPATHIC MEDICINE' Terry P. Gorman PLAINTIFF'S OPPOSED MOTION TO EXTEND RESPONSE DATE 4 Glaw 2019.08.06