IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
James R. Blackston *
Bradley W. Barber *
*
PLAINTIFFS, *
*
vs. * Case No. 99-A-295-N
State of Alabama, et. al.; *
*
Circuit Judge Richard Dorrough, *
individually and in his official *
capacity as Chairman, Advisory *
Committee on Child Support *
Guidelines and Enforcement; *
*
Frank Gregory, individually and *
in his official capacity as *
Administrative Director of Courts; *
*
Bob Maddox, individually and *
in his official capacity as employee of *
Administrative Office of Courts *
*
DEFENDANTS. *
APPEARANCE OF COUNSEL
WAIVER OF SERVICE
REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
Comes now, LaVette Lyas-Brown, Assistant Attorney General, to appear as counsel of record on behalf of all defendants. The Plaintiffs and the Clerk of Court are respectfully requested to send copies of all future pleadings, court orders and correspondence in this case upon the undersigned.
Defendants further move the Court for an extension of time with which to file a responsive or other pleading directed to the complaint, and in support say as follows:
1. Undersigned counsel has recently been assigned and received the complaint. A response on behalf of some of the Defendants is due today.
2. Counsel has not as of yet had an opportunity to confer with all of her clients or examine the law regarding the allegations in the complaint.
3. There are voluminous files in this action that have been requested by undersigned counsel that she has yet to receive. The review of these files are necessary to provide an adequate and thorough response on behalf of the defendants.
4. The summons and complaint in this case have not been properly served on the defendants, although a copy of the complaint was delivered to the Defendants by certified mail on March 30 and 31, 1999. No Request to Waive Service as provided by Fed. R. Civ. P., Rule 4(d) was enclosed with the summons and complaint although it is the general practice of the undersigned to do so on behalf of her clients, and they would have done so in this case given the opportunity.
5. Rule 4(d)(2)(G)(3), Fed. R. Civ. P., provides that defendants who are requested to waive service and do so "are not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent . . . . " Although service has not been perfected, and although they have not been asked to do so, defendants waive service pursuant to Rule 4(d) and request that they not be required to serve an answer or other responsive pleading until 60 days after the complaint was delivered to the offices of the defendants.
WHEREFORE, defendants respectfully requests and additional 60 days with which to file a formal responsive or other pleading.
Respectfully submitted,
BILL PRYOR
ATTORNEY GENERAL
S/______________________________
LaVette Lyas-Brown (LYA001)
ASSISTANT ATTORNEY GENERAL
Attorney for Defendants.
Attorney for Defendants.
ADDRESS OF COUNSEL:
Office of Attorney General
Alabama State House
11 South Union Street
Montgomery, Alabama 36103~152
CERTIFICATE OF SERVICE
I hereby certify that I have this 19th day of April, 1999, served a copy of the foregoing by placing same in the United States Mail, postage prepaid and addressed as follows:
Plaintiff's Address
James R. Blackston
6185 Hwy 195 North
Jasper, Alabama 35503-3409
205-221-6558
Bradley W. Barber
4732 Hand Lane
Gardendale, Alabama 350714732
205-631-9733
S/_______________________________
LaVette Lyas-Brown (LYA001)
ASSISTANT ATTORNEY GENERAL
[ Home]---[Search]---[Email]---[Access Page]---[Child Support]