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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FT. WORTH DIVISION

ROBERT “BOB” ROSS

Plaintiff,

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§ Case No. 4:22-CV-00343

V.

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ASSOCIATION OF PROFESSIONAL 

FLIGHT ATTENDANTS, 

MCGAUGHEY, REBER, AND 

ASSOCIATES, INC., JULIE 

HEDRICK, ERIK HARRIS 

Defendants.

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MOTION FOR LEAVE TO FILE A LATE RESPONSE/AMENDED RESPONSE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Plaintiff, Robert “Bob” Ross, and files this, Motion to File a Late 

Response/Amended Response, and as grounds for support herein would show this Honorable Court 

the following: 

1. Defendant filed their Motion to Dismiss on July 21, 2022, and Plaintiff filed their 

Response to Defendant’s Motion to Dismiss on August 11, 2022, attached hereto and 

marked as Exhibit A, however it as subsequently stricken by the court due to the fact that 

the exhibits were not compliant with the court’s rules. 

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2. An Amended Response and an Appendix of Exhibits, attached hereto and marked as 

Exhibit B, is submitted to comply with the court rules, however it was filed after the 21-

day deadline to file a response. 

3. Plaintiff’s response failed to provide an appendix for their attached evidence and did not 

provide a copy of the electronic filing receipt with the judge’s copy, thus causing these 

items to be rejected by the honorable court. 

4. As these items do not substantively change the content of Plaintiff’s brief allowing the 

Plaintiff to file a late response in order to correct these deficiencies does not cause any 

harm to the Defendant.

5. In accordance with FRCP 6(b) the court has discretion to allow for more time: 

(b) EXTENDING TIME. 

(1) In General. When an act may or must be done within a specified time, the 

court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, 

before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because 

of excusable neglect.

Wherefore, as the parties have acted with due diligence in attempting to comply with the 

court rules, the Plaintiff respectfully requests that this honorable court act within its discretion 

and allow Plaintiff the opportunity to file a late response/amendment to their response to 

Defendant’s Motion to Dismiss. 

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Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

By: /s/ Heather Abreu X

Heather Abreu

Texas Bar No. 24122577 

Phone: (972) 327-5800 

Email: heather@KDphillipslaw.com

By: /s/ Kerri Phillips X

Kerri Phillips

Texas Bar No. 24065906 

Phone: (972) 327-5800 

Email: kerri@KDphillipslaw.com

5700 Tennyson Parkway, Suite 300

Plano, Texas 75024 

Fax: (940) 400-0089

For Service of Filings: 

notice@KDphillipslaw.com

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF CONFERENCE

I DO HEREBY CERTIFY that before filing this Motion For Leave to File a Late/Amended 

Response to Defendant’s Motion to Dismiss and its supporting brief, I emailed counselors for 

Defendants, and asked them whether they would oppose the filing of this Motion For Leave to File 

a Late/Amended Response to Defendant’s Motion to Dismiss and its supporting brief in an effort 

to determine whether the parties could agree to the filing of this Motion. Defendants’ Counsel 

affirmed they do not oppose the filing of this motion. Accordingly, Plaintiff is seeking a ruling 

from the Court on this Motion. 

/s/ Heather Abreu______ 

Heather Abreu, Esq.

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CERTIFICATE OF

SERVICE

I certify that true and correct copy of this document was sent to all counsel of 

record, hereunder listed via ECF Filing on this the 23rd Day of August 2022.

William Osborne 

Margot Nikitas 

Sanford Denison 

Michael Rake

/s/

Heather Abreu

 

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