Taylor v. C6 Disposal Systems, Inc.

Western District of Texas, txwd-5:2019-cv-00347

Unopposed MOTION for Extension of Time to File Response/Reply as to {{19}} Opposed MOTION to Certify Class by C6 DISPOSAL SYSTEMS, INC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CHARLES TAYLOR, § Individually and on behalf of all § others similarly situated § § PLAINTIFF, § § v. § CIV. ACTION NO. 5:19-CV-00347-ESC § C6 DISPOSAL SYSTEMS, INC., § DEFENDANT. § § UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANT TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION AND NOTICE TO THE PUTATIVE CLASS MEMBERS TO THE HONORABLE ELIZABETH S. CHESTNEY, UNITED STATES MAGISTRATE JUDGE: NOW COMES C6 Disposal Systems, Inc., Defendant in the above-styled and numbered cause, and respectfully file this Unopposed Motion for Extension of Time for Defendant to File Response to Plaintiff's Motion for Conditional Certification and Notice to the Putative Class Members, and for cause would show the Court the following: 1. Plaintiff's Motion for Conditional Certification and Notice to the Putative Class Members (Doc. 19) was filed on June 21, 2019. The deadline for Defendant to respond to such Motion to Quash and Motion for Protective Order is thus June 28, 2019. 2. Defendant seeks additional time to assess and respond to the above- referenced Motion filed by said Plaintiff, as the owner/manager of Defendant C6 Disposal Systems, Inc., is out of town and Defendant's Counsel seeks additional time to research and draft the response and to decide to what extent the motion will be unopposed. 3. Defendant therefore seeks a twelve (12) day extension of the deadline to file its Response to Plaintiff's Motion to for Conditional Certification. Defendant's new 1 deadline to respond to Plaintiff's Motion for Conditional Certification and Notice to the Putative Class Members would therefore be July 10, 2019. Such an extension will not meaningfully delay resolution of this case and will not prejudice any of the parties. CERTIFICATE OF CONFERENCE Defendant's counsel has conferred with counsel for Plaintiff Charles Taylor, who does not oppose the relief sought in this Motion. WHEREFORE, PREMISES CONSIDERED, Defendant request that this Motion be granted, and that the Court grant them such further relief, in law or in equity, to which they may be entitled. Respectfully submitted, Riley & Riley, Attorneys at Law By: /s/ Charles Riley CHARLES RILEY State Bar No. 24039138 320 Lexington Avenue San Antonio, Texas 78215 Telephone: (210) 225-7236 Facsimile: (210) 227-7907 Attorney for Defendant CERTIFICATE OF SERVICE I certify that on the 28th day of June, 2019 a true and correct copy of the above and foregoing was served on the following in the manner indicated: 2 Clif Alexander Via CM/ECF Lauren Braddy ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 clif@a2xlaw.com Attorney for Plaintiff /s/ Charles Riley CHARLES RILEY IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION 3 CHARLES TAYLOR, § Individually and on behalf of all § others similarly situated § § PLAINTIFF, § § v. § CIV. ACTION NO. 5:19-CV-00347-ESC § C6 DISPOSAL SYSTEMS, INC., § DEFENDANT. § § ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANT TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION CAME ON to be heard Defendant's Unopposed Motion for Extension of Time for Defendant to File Response to Plaintiff's Motion for Conditional Certification and Notice to the Putative Class Members. After reviewing the Motion and noting the lack of opposition, the Court finds that it should be GRANTED. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant's Unopposed Motion for Extension of Time for Defendant to File Response to Plaintiff's Motion for Conditional Certification and Notice to the Putative Class Members is GRANTED. The deadline for Plaintiffs to file such response is extended to July 10, 2019. IT IS SO ORDERED. SIGNED this _____ day of June 2019. HONORABLE ELIZABETH S. CHESTNEY UNITED STATES MAGISTRATE JUDGE 4