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07-16-2009 MOTION TO EXTEND DEADLINE

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					Case 1:09-cv-00386-SEB-JMS

Document 103

Filed 07/16/2009

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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION __________________________________________ ) ) ) Plaintiff, ) ) v. ) ) LUCILLE IACOVELLI, ) ) Defendant. ) __________________________________________) DR. BARRY EPPLEY, MD, DMD,

Cause No. 1:09-cv-386-SEB-JMS

MOTION TO EXTEND DEADLINE FOR SUBMISSION OF MOTION FOR SUMMARY JUDGMENT Dr. Barry Eppley, MD, DMD, by counsel, hereby files this request for an extension of the Court-set date for filing dispositive motions in this action, and in support of said Motion states as follows: 1. By Entry dated April 27, 2009, titled “Entry Directing Further Proceedings” (Docket No. 53), the Court granted the parties “through July 22, 2009 in which to file any dispositive motion including any motion for summary judgment.” 2. Throughout the proceedings, counsel for Plaintiff has provided the Court with evidence of the Defendant’s continuing violations of the preliminary injunction issued in this case on April 17, 2009. Pursuant to Plaintiff’s request, this Court, by Order dated May 27, 2009 (Docket No. 79) set a hearing on the Plaintiff’s Motion to Show Cause for July 1, 2009. 3. Such a hearing was held, without the presence of the Defendant, at which time the Plaintiff presented evidence regarding the Defendant’s disregard of the Court’s

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Orders and discovery requests. As contemplated in the hearing, Plaintiff has subsequently submitted supplemental evidentiary and legal support. 4. Plaintiff also, on July 6, 2009, filed a Motion to Compel discovery as sought in requests served on the Defendant. 5. Contemporaneous with the filing of this Motion, Dr. Eppley is filing voluminous evidentiary submissions detailing Defendant’s internet activities, as well as a proposed Order and supporting legal brief. 6. Plaintiff has sought the entry of final judgment, both in connection with the contempt motion based on Defendant’s default and failure to appear and as a sanction for her refusal to provide discovery. If the Court grants that relief and enters final judgment, an additional Motion for Summary Judgment would be moot and redundant. Even if the Court does not grant the requested final

disposition of this case based on the Defendant’s disregard of this Court’s Orders and the judicial proceedings, any disposition of the pending motions may affect the scope and content of any Motion for Summary Judgment. 7. Therefore, the Plaintiff would request that the Court extend the deadline for the parties to file Motions for Summary Judgment until thirty days after the Court issues its ruling on the pending motions. 8. The requested extension would promote efficiency in the conduct of this proceeding and would not result in any undue prejudice to Defendant.

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WHEREFORE, Dr. Eppley respectfully requests that the Court grant the Motion for Extension to File for Summary Judgment contained herein and provide all other appropriate relief.

Respectfully Submitted, LEWIS & KAPPES By:/s/ Todd A. Richardson Todd A. Richardson (16620-49) One American Square, Suite 2500 Indianapolis, Indiana 46282 (317) 639-1210 Counsel for Plaintiff, Dr. Barry Eppley CERTIFICATE OF SERVICE I hereby certify that on July 16, 2009, that the foregoing was filed electronically. Notice and service was sent to the following party via United States Postal Service Mail, this 16th day of July, 2009: Lucille M. Iacovelli 3 Deer Hollow Road Forestdale, MA 02644-1714 luciacovelli@gmail.com

s/Todd A. Richardson Todd. A. Richardson LEWIS & KAPPES, P.C. One American Square, Suite 2500 Indianapolis, Indiana 46282 (317) 639-1210 (tel), (317) 639-4882 (fax) jrompala@lewis-kappes.com

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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION __________________________________________ ) ) ) Plaintiff, ) ) v. ) ) LUCILLE IACOVELLI, ) ) Defendant. ) __________________________________________) DR. BARRY EPPLEY, MD, DMD,

Cause No. 1:09-cv-386-SEB-JMS

ORDER ON MOTION TO EXTEND DEADLINE FOR SUBMISSION OF MOTION FOR SUMMARY JUDGMENT Plaintiff Dr. Barry Eppley, M.D., DMD, having filed his Motion to Extend Deadline for Submission of Motions for Summary Judgment and the Court being duly advised in the premises, hereby GRANTS said Motion and ORDERS that the current July 22, 2009 deadline is extended, and the deadline is re-set for a date up to and including thirty (30) days from the date upon which this Court enters an Order on Plaintiff’s Motion to Show Cause.

The Honorable Sarah Evans Barker, Judge Distribution to: Lucille M. Iacovelli 3 Deer Hollow Road Forestdale, MA 02644-1714 Todd A. Richardson TRichardson@lewis-kappes.com

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Gary P. Price GPrice@lewis-kappes.com Joseph Rompala JRompala@lewis-kappes.com

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