Peery v. Nixon Engineering,llc

Western District of Texas, txwd-6:2018-cv-00358

Unopposed MOTION for Leave to Exceed Page Limitation by Nixon Engineering, LLC. Motions referred to Judge Jeffrey C. Manske.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION JAYME PEERY, § Individually and on behalf of all others § similarly situated § Civil Action No. 6:2018-cv-00358 § Plaintiff, § JURY TRIAL DEMANDED § v. § COLLECTIVE ACTION § PURSUANT TO 29 U.S.C. §216(b) NIXON ENGINEERING, LLC, § § CLASS ACTION PURSUANT TO Defendant. § FED. R. CIV. P. 23(b) DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE RESPONSE IN EXCESS OF PAGE LIMITATIONS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES NIXON ENGINEERING, LLC ("Nixon") (hereinafter referred to as "Defendant"), Defendant in the above-styled and numbered cause, and file this its Unopposed Motion for Leave to File Defendant's Response in Opposition to Plaintiffs' Opposed Motion for Conditional Certification and Notice to the Putative Class Members in Excess of Page Limitations (the "Motion for Leave"), and in support thereof, respectfully states as follows: Pursuant to TXWD Local Rule CV-7(e)(3), responses to nondispositive motions are limited to ten (10) pages in length. Defendant has filed its Response in Opposition to Plaintiffs' Opposed Motion for Conditional Certification and Notice to the Putative Class Members ("Defendant's Response") contemporaneously with the filing of this Motion for Leave. Because of the importance of the issues raised in Plaintiffs' Opposed Motion for Conditional Certification and Notice to the Putative Class Members and addressed by Defendant's Response, Defendant cannot sufficiently address the issues raised in its Response in a ten (10)-page brief. 4848-3955-0106.1 For this reason, Defendant respectfully requests that the Court grant this Unopposed Motion for Leave and allow Defendant leave to file its Response in excess of the page limitations imposed by the Court's Local Rules. A copy of Defendant's Response, without exhibits, is attached hereto as Exhibit 1. As a review of Defendant's Response reflects, it totals fourteen (14) pages, exclusive of the caption, signature block, certificate of service, and accompanying documents. See Local Rule CV-7(e)(3) (excluding caption, signature block, certificate of service and accompanying documents from calculation of the applicable page limit). Counsel for Plaintiffs, Carter Hastings, has stated that Plaintiffs do not oppose this Motion for Leave and the relief requested herein. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant this Motion for Leave and grant Defendant such other and further relief, at law or in equity, to which it may be justly entitled. Respectfully submitted, By: /s/ Ramon D. Bissmeyer Ramon D. Bissmeyer rbissmeyer@dykema.com Attorney-In-Charge Texas State Bar No. 00787088 DYKEMA GOSSETT PLLC 112 East Pecan Street, Suite 1800 San Antonio, Texas 78205 Telephone: (210) 554-5500 Facsimile: (210) 226-8395 2 4848-3955-0106.1 Elizabeth A. Voss evoss@dykema.com Texas State Bar No. 24075160 S.D. No. 1241751 DYKEMA GOSSETT PLLC 1717 Main Street, Suite 4200 Dallas, Texas 75201 Telephone: (214) 462-6400 Facsimile: (855) 246-1836 ATTORNEYS FOR DEFENDANT CERTIFICATE OF CONFERENCE Pursuant to U.S. District Court for the Western District of Texas Local Rule CV-7(i), counsel for Defendants conferred with counsel for Plaintiff, Carter Hastings, on June 14, 2019, regarding the merits of this Motion for Leave. Plaintiff's counsel stated that he is not opposed to the relief requested. /s/ Elizabeth A. Voss Elizabeth A. Voss CERTIFICATE OF SERVICE I hereby certify that on June 14, 2019, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Clif Alexander Lauren E. Braddy Alan Clifton Gordon Carter T. Hastings Anderson Alexander, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 Email: clif@a2xlaw.com Email: lauren@a2xlaw.com Email: cgordon@a2xlaw.com Email: carter@a2xlaw.com /s/ Elizabeth A. Voss Elizabeth A. Voss 3 4848-3955-0106.1