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IN THE

MITUL R. PATEL

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MARYLAND CIRCUIT COURT

Plaintiff

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OF BALTMORE CITY

v.

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Case #: 24-C-16-003573

MATHEW CHAN

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Defendant

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DEFENDANT'S MOTION FOR TIME EXTENSION TO RESPOND TO MITUL R. PATEL'S MOTION TO INTERVENE & MOTION TO STRIKE

COMES NOW, Defendant Matthew Chan (referred as Mathew Chan in the above

caption) hereby requests a 15-day time extension from October 10, 2016 in order to file his

response to Mitul R. Patel's MOTION TO INTERVENE, MOTION TO STRIKE JUDGMENT

and ANSWER TO DEFENDANT MATHEW CHAN'S MOTION TO VACATE CONSENT

JUDGMENT/ORDER filed on September 21, 2016 (herein referred as "Mr. Patel's Motion") to

October 24, 2016. Defendant shows this Honorable Court the following:

1.

Defendant submits the attached Affidavit of Matthew Chan in Support of Motion for

Extension of Time as relevant facts to his request for a 15-day time extension in this very

unusual case with special circumstances described in the previously filed DEFENDANT'S

MOTION TO VACATE CONSENT JUDGMENT/ORDER.

2.

Maryland Rule 2-31 1 states that responses to motions must be filed within 15 days.

Maryland Rule 1-203 allows for tlree (3) days additional time for service by mail. In total,

Defendant has good faith beliefthat his normal deadline to file a response would be Monday,

October 10, 2016 (allowing for the fact that 15 calendar days from September 2l,2016 aclu:e.lly

falls on Sunday, October 9,2016)to file a response to Mr. Patel's Motion.

3.

Defendant primarily resides in Georgia well over 700 miles from the court and must

utilize U.S. Postal Service first-class mail service for all delivery ofpleadings. The delivery of

Mr. Patel's motion took six days to deliver to Defendant. I was unable to get the motion until

September 27, 2016 Nd could not read it until September 28,2016.

4.

I therefore ask the Court to extend my time to respond to the motion to October 24,2016.

WHEREFORE, Defendant seeks a 15-day extension from October 10,2016 in order to

file his response to Mr. Patel's Motion to october 24,2016. A proposed order has been attached.

This 3rd day ofOctober.2016.

Respectfu lly submitted,

MaTth-ew Chan, PRO SE

CoLUMBUS, GA 31917

Phone: (762) 359-0425

Email: matt30060@gmail.com

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CERTIFICATE OF' SERVICE

I HEREBY CERTIFY that I have this 3rd day of October, 2016 mailed a copy of the

foregoing Motion for Time Extension & Proposed Order via First Class postage prepaid to the

following:

James G. Maggio & Steven D. Shemenski 802 Ingleside Ave. Catonsville, MD 21228

Matthew Chan, PRO SE

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IN THE

MITUL R. PATEL

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MARYLAND CIRCUIT COURT

Plaintiff,

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OF BALTMORE CITY

v.

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Case #: 24-C-16-003573

MATHEW CHAN

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Defendant.

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AFFIDAVIT OF MATTHEW CHAN IN SUPPORT OF MOTION FOR EXTENSION OF TIME

STATE OF GEORGIA

COUNTY OF MUSCOGEE

I declare the following is true and correct under penalty of perjury.

1. My name is Matthew Chan. I am over the age of twenty-one (21) years old, suffer from

no legal or mental disabilities, and am fully competent to make this Affidavit.

2. I am self-employed, a non-lawyer, and represent myself in this case. I previously

submitted an Affidavit included with my MOTION TO VACATE CONSENT

JUDGMENT/ORDER filed on September 2, 1016, entered on September 7, 2016.

3. On September 22, 2016, I became aware (through the Maryland online court docket) that

Mitul R. Patel, through his lawyers, filed on September 21, 2016, a MOTION TO

INTERVENE, MOTION TO STRIKE JUDGMENT, and ANSWER TO DEFENDANT

MATTHEW CHAN'S MOTION TO VACATE CONSENT JUDGMENT/ORDER

(herein referred to as "Mr. Patel's Motion"). The motion was entered on the docket on

September 22, 2016.

4.

I anticipated receiving the document by Saturday, September 24, 2016 but I did not

receive it until Tuesday, September 27, 2016. The Certificate of Service from that motion

states that Mr. Patel's Motion was "mailed, first class postage prepaid" on September 21,

2016 but it took six (6) calendar days for it to arrive at my designated contact address:

P.O. Box 6865, Columbus, Georgia.

5. On the afternoon of September 26, 2016, when I had still not received the motion, I

called Mr. Patel's lawyer, Mr. James Maggio, and inquired about the mail delivery time.

Out of my concern for the unusually long mail delivery time, I asked Mr. Maggio if he

could email his client's motion to me. However, Mr. Maggio informed me he did not

have an assistant or secretary. He was also not at a location he could transmit it to me. He

stated that it would probably arrive within the next two days. Ultimately, Mr. Maggio

was correct and it did arrive the following day.

6. However, on that same afternoon and into the evening of September 27, 2016, I had to

pack up and drive from Columbus to North Atlanta. I previously postponed my travel

plans twice waiting for Mr. Patel's documents to finally arrive. I was unable to sit, read,

and fully digest Mr. Patel's motion until September 28, 2016, a full seven days after his

motion was filed due to the unusually long mail delivery time.

7. Because Mr. Patel of the unusually long six-day delivery time of Mr. Patel's motion; my

travel on September 27, 2016; and because there may be unforeseeable mail delivery

time beyond my control in filing my response, I request this Honorable Court to grant my

request for a 15-day time extension to file my response to Mr. Patel's motion. That would

require me to file my response by October 24, 2016.

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8. I did try to obtain Mr. Patel's consent to the extension of time. I called Mr. Patel's lawyer,

Mr. Maggio on the moming of October 3, 2016 and asked whether he would consent to

the extension oftime. He advised me that he did not have authority to grant the extension

without first speaking with his client. As of3:30pm of October 3,2016,I had not heard

back from him and I did not want to delay the filing of this motion any longer.

WHEREFORE, I request and seek a l5-day extension from October 10, 2016 in order to file

my rcsponse to Mr. Patel's motion to October 24, 2016.

This 3rd day ofOctober.2016.

SWORN TO AND SUBSCRIBED before me this ]31! day of Qglg!jI-2!,16,.

 

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IN THE

MITUL R. PATEL

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MARYLAND CIRCUIT COURT

Plaintiff

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OF BALTMORE CITY

v.

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Case #: 24-C-16-003573

MATHEW CHAN

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Defendant

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[PROPOSED] ORDER

Defendant having requested an Extension of Time in which to file his response to Mitul

R. Patel's MOTION TO INTERVENE, MOTION TO STRIKE JUDGMENT and ANSWER TO

DEFENDANT MATHEW CHAN'S MOTION TO VACATE CONSENT JUDGMENT/ORDER

filed on September 21, 2016 and entered on September 22, 2016, and for good cause shown, the

time in which the Defendant may file his response is hereby extended through October 24, 2016.

So Ordered this

CLERK:

day of

Please mail copies of this Order to:

Matthew Chan P.O. Box 6865 Columbus, GA 31917 Pro Se Defendant

James G. Maggio, Esquire 802 Ingleside Ave. Catonsville, MD 21228 Attorney for Mitul R. Patel

(month) 2016.

JUDGE Circuit Court of Baltimore City

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