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Doc 7-Consent Motion for Time to File

Doc 7-Consent Motion for Time to File

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Published by Dentist The Menace

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Published by: Dentist The Menace on Mar 14, 2013
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03/14/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF NORTH CAROLINAWESTERN DIVISIONCivil Action No. 5:13-cv-00139-DDRS. AGUERO, HUGHES & ASSOC.,P.A.; et al.Plaintiffs,DENTAL ONE, INC., et al.Defendants,
CONSENT MOTION FOR EXTENSION OFTIME TO RESPOND TO COMPLAINT
Defendants DENTAL ONE, INC.; DENTALCARE PARTNERS, INC.; DCP OF HIGHPOINT (GREENSBORO), LLC; DCP OF LEXINGTON, LLC; DCP OF GREENSBORO,LLC; DCP OF GASTONIA, LLC; DCP OF MATTHEWS (CHARLOTTE), LLC; DCP OFHUNTERSVILLE (CHARLOTTE), LLC; DCP OF CARMEL VILLAGE (CHARLOTTE),LLC; DCP OF HICKORY (CHARLOTTE), LLC; DCP OF CONCORD (CHARLOTTE), LLC;DCP OF CHARLOTTE, LLC; DCP OF FAYETTEVILLE (RALEIGH), LLC; DCP OF HOPEMILLS (131), LLC; DCP OF RAEFORD (125), LLC; DCP OF WILMINGTON, LLC; DCP OFLELAND (WILMINGTON), LLC; DCP OF CRABTREE MALL, LLC; DCP OF DURHAM,LLC; DCP OF CARY, LLC; DCP OF JACKSONVILLE, LLC; and DCP OF MONROE(CHARLOTTE), LLC, (collectively the “Defendants”), by and through counsel respectfullymove the Court, pursuant to Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure and LocalRule 6.1 for an Order extending by thirty (30) days, through and including April 12, 2013, thetime within which Defendants may file and serve their response to Plaintiffs’ Complaint. Insupport of their motion, Defendants show the Court the following:
Case 5:13-cv-00139-D Document 7 Filed 03/12/13 Page 1 of 7
 
21. Drs. Aguero, Hughes & Associates, P.A., et al. (collectively the “Plaintiffs”) fileda civil action against Defendants in the Superior Court of Wake County, North Carolina, CivilAction File No. 13-CV-002407 (the “State Court Action).2. On or after February 20, 2013, Defendants’ agents for service of process in NorthCarolina first received a copy of the initial pleadings in the State Court Action when it receivedthe Summons and a copy of the Complaint.3. On February 27, 2013, within thirty (30) days of Defendants’ receipt of theComplaint, Defendants Dental One, Inc., Dental Partners, Inc. and DCP Equity Partners, LLCPlaintiffs filed a Notice of Removal to remove the State Court Action from the Superior Court of Wake County, North Carolina to this Court.4. Upon removal and pursuant to Rule 81(c)(2)(C), the deadline for Defendants torespond to the Complaint is March 13, 2013.5. The time for responding to the Complaint has not yet expired.6. Defendants have been conducting its initial investigation into the allegations of Plaintiffs’ Complaint, which investigation is necessary for Defendants to fully and accuratelyrespond to the Complaint. Defendants need additional time in order to complete their initialinvestigation into the factual, procedural and substantive issues arising out of the allegations of the Complaint.7. Counsel for Plaintiffs consents to a thirty (30) day extension of time forDefendants to submit a response to the Complaint.8. This Motion is made in good faith and not for the purpose of delay.9. There is good cause to extend the time within which Defendants may file andserve a response to Plaintiffs’ Complaint, to and including April 12, 2013.
Case 5:13-cv-00139-D Document 7 Filed 03/12/13 Page 2 of 7
 
3WEHREFORE, Defendants respectfully request that the Court order that the time withinwhich Defendants may file and serve a response to Plaintiffs’ Complaint be extended, to andincluding April 12, 2013.This the 12
th
day of March, 2013.BY: /s/ Mark A. FinkelsteinStephen W. Petersen, NC Bar No. 23462steve.petersen@smithmoorelaw.com Mark A. Finkelstein, NC Bar No. 13187mark.finkelstein@smithmoorelaw.com SMITH MOORE LEATHERWOOD LLPP O Box 27525Raleigh, NC 27611Telephone: (919) 755-8700Facsimile: (919) 919-755-8800
 /s/ Johnny M. Loper 
Johnny M. Loper, NC Bar No. 15533 jloper@wcsr.com WOMBLE CARLYLE SANDRIDGE& RICE, LLP150 Fayetteville Street, Suite 2100P. O. Box 831Raleigh, NC 27602Telephone: (919) 755-2116Facsimile: (919) 755-6056
Counsel for DentalCare Partners, Inc., Dental One, Inc., DCP of High Point (Greensboro), LLC; DCP of Lexington, LLC; DCP of Greensboro, LLC; DCP of Gastonia, LLC; DCP of Matthews (Charlotte), LLC; DCP of Huntersville (Charlotte), LLC; DCP of Carmel Village (Charlotte), LLC; DCP of Hickory (Charlotte), LLC; DCP of Concord (Charlotte), LLC; DCP of Charlotte, LLC; DCP of Fayetteville (Raleigh), LLC; DCP of Hope Mills (131), LLC;
Case 5:13-cv-00139-D Document 7 Filed 03/12/13 Page 3 of 7

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