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Case 5:10-cv-00029-XR Document 6 Filed 03/12/10 Page 1 of 2

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

GUADALUPE BETANCOURT, Individually,

Plaintiffs,

v.

INGRAM PARK MALL, L.P., A Foreign
Limited Partnership,

Defendant.

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Case No. SA10CA0029XR

MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

DEFENDANT’S UNOPPOSED

Defendant, Ingram Park Mall, L.P., a foreign limited partnership, (“Ingram”), moves this

Court for an Order extending the time it must serve its response to Plaintiff’s Complaint, up to

and including March 29, 2010 based upon the following:

1.

Plaintiffs have filed this action against Ingram alleging that certain facilities

owned and/or operated by Ingram fail to comply with the Americans with Disabilities Act and its

implementing regulations.

2.

Ingram was served with process on February 8, 2010. Ingram sought and was

granted an extension for time to respond to Plaintiff’s Complaint until March 15, 2010.

3.

Under Federal Rule of Civil Procedure 6(b), this Court is authorized to extend the

period within which Ingram must respond to the Complaint “if request therefore is made before

the expiration of the period originally prescribed.”

4.

Ingram submits that this request for an extension is sought in good faith and not

for the purpose of undue delay, but in the interests of justice.

5.

Based on the foregoing, Ingram requests a further extension of time within which

to respond to the Complaint, which would re-set the deadline for serving its response up to and

Case 5:10-cv-00029-XR Document 6 Filed 03/12/10 Page 2 of 2

including March 29, 2010.

6.

The undersigned contacted counsel for the Plaintiff, Thomas Bacon, Esq., and he

does not oppose the relief requested by Ingram Park Mall, L.P.

WHEREFORE, Defendant, Ingram Park Mall, L.P., requests that this Court enter an

Order extending the time within which it must serve its response to the Complaint up to and

including March 29, 2010.

Dated this 12th day of March, 2010.

/s/ Farrell A. Hochmuth
Farrell A. Hochmuth
State Bar No. 24041107
Federal Bar No. 37072
BAKER & HOSTETLER LLP
1000 Louisiana St., Suite 2000
Houston, Texas 77002
Telephone: (713) 646-1383
Facsimile: (713) 751-1717

COUNSEL FOR DEFENDANT INGRAM
PARK MALL, L.P.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served

on the persons listed below via ECF filing and/or facsimile on March 12, 2010.

Thomas B. Bacon, P.A.
4868 S.W. 103rd Ave.
Cooper City, FL 33328
Facsimile: (954) 237-1990
Lead counsel for Plaintiff

Pete M. Monismith
1710 Quarry Lane
Apollo, PA 15613

Counsel for Plaintiff

/s/ Farrell A. Hochmuth
Farrell A. Hochmuth

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