Pension Trust Fund For Operating Engineers v. DeVry Education Group, Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05198

MOTION by Plaintiff Utah Retirement Systems for extension of time to File an Amended Complaint (Agreed)

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Case: 1:16-cv-05198 Document #: 81 Filed: 12/15/17 Page 1 of 4 PageID #:1258 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PENSION TRUST FUND FOR OPERATING ENGINEERS, Individually and on Behalf of All Case No. 1:16-CV-05198 Others Similarly Situated, Plaintiff, Hon. Jorge L. Alonso v. DEVRY EDUCATION GROUP, INC., DANIEL HAMBURGER, RICHARD M. GUNST, PATRICK J. UNZICKER, AND TIMOTHY J. WIGGINS, Defendants. AGREED MOTION FOR EXTENSION OF TIME TO FILE AN AMENDED COMPLAINT Lead Plaintiff Utah Retirement Systems ("URS"), by its undersigned counsel, respectfully moves the Court for an extension of time to file an amended complaint. Defendants consent to this request. In support of this motion, URS states as follows: 1. On December 6, 2017, this Court entered a Memorandum Opinion and Order granting Defendants' motion to dismiss without prejudice. The Court concluded, "Plaintiff may file an amended complaint by January 15, 2018." ECF No. 80. 2. Counsel for URS plans to file an amended complaint in accordance with this Court's Memorandum Opinion and Order, but respectfully request a short extension of time to do so. 3. Fact witnesses who possess information pertinent to the forthcoming amended complaint have limited availability during the holiday season. Case: 1:16-cv-05198 Document #: 81 Filed: 12/15/17 Page 2 of 4 PageID #:1259 4. In addition, Counsel for URS also have limited availability to confer with those fact witnesses leading up to January 15, 2018 due to other commitments and the holiday season. 5. URS therefore requests a short, two-week extension—up to and including January 29, 2018—by which to file the amended complaint. Defendants have agreed to this extension. WHEREFORE, URS respectfully requests that the Court enter an order granting URS' agreed motion for extension of time to file an amended complaint up to and including January 29, 2018. Dated: December 15, 2017 Respectfully submitted, /s/ Mark R. Miller Kenneth A. Wexler Mark R. Miller WEXLER WALLACE LLP 55 West Monroe, Suite 3300 Chicago, IL 60603 (312) 346-2222 kaw@wexlerwallace.com mrm@wexlerwallace.com Liaison Counsel for Plaintiff Jonathan Gardner (admitted pro hac vice) Carol C. Villegas (admitted pro hac vice) Theodore J. Hawkins (admitted pro hac vice) LABATON SUCHAROW LLP 140 Broadway New York, New York 10005 (212) 907-0700 jgardner@labaton.com cvillegas@labaton.com thawkins@labaton.com Mark S. Willis (admitted pro hac vice) LABATON SUCHAROW LLP 1050 Connecticut Avenue, NW, Suite 500 Washington, D.C. 20036 202-772-1880 mwillis@labaton.com 2 Case: 1:16-cv-05198 Document #: 81 Filed: 12/15/17 Page 3 of 4 PageID #:1260 Counsel for Lead Plaintiff Utah Retirement Systems, and Lead Counsel 3 Case: 1:16-cv-05198 Document #: 81 Filed: 12/15/17 Page 4 of 4 PageID #:1261 CERTIFICATE OF SERVICE I hereby certify that on December 15, 2017, I caused the foregoing to be filed with the Clerk of the Court using the Court's CM/ECF system. Notice of this filing will be sent to all counsel of record through the Court's CM/ECF system. /s/ Mark R. Miller Mark R. Miller 4