Brief in Support of Motion of Motion to file Late Response/Amended Response Page 1 

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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PLAINTIFF’S BRIEF IN SUPPORT OF MOTION TO FILE LATE 

RESPONSE/AMENDED RESPONSE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Plaintiff, ROBERT (“BOB”) ROSS, and files this, Brief in Support of 

Plaintiff’s Motion for Leave to File a Late Response/Amended Response for, and as grounds for 

support herein Plaintiff will show this Honorable Court the following:

FACT

Defendant filed their Motion to Dismiss on July 14, 2022, and Plaintiff filed their Response 

to Defendant’s Motion to Dismiss on August 4, 2022, attached hereto and marked as Exhibit A. 

Plaintiff filed a subsequent Amended Response to Defendant’s Motion to Dismiss on August 10, 

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Brief in Support of Motion of Motion to file Late Response/Amended Response Page 2 

2022, attached hereto and marked as Exhibit B. It came to Plaintiff’s counsel’s notice that some 

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

Plaintiff hereby files this Motion for Leave to File a Late Response/Amended Response and 

attached a Second Amended Response with an appendix of exhibits, hereto and marked as 

Exhibit C, to comply with the court rules. However, it is filed after the 21- day deadline to file a 

response. 

LAW

 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.

ARGUMENTS and AUTHORITIES

Although inadvertence, ignorance of the rules, or mistakes construing the rules do not 

usually constitute “excusable’ neglect,” it is clear that “excusable neglect” under [Federal Rule

of Civil Procedure] 6(b) is a “ somewhat ‘elastic concept,’ and is not limited strictly to

omissions caused by circumstances beyond the control of the movant.” Pioneer Investment 

Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380, 392 (1993). 

Excusable-neglect determinations rely on a balancing of these factors: (1) danger of prejudice 

to the nonmoving party, (2) the length of the delay and its potential impact on judicial

proceedings, (3) the reason for the delay, (4) whether the delay was within the reasonable 

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Brief in Support of Motion of Motion to file Late Response/Amended Response Page 3 

control of the moving party, and (5) whether the late-filing party acted in good faith. Nafziger

v. McDermott Int’l, Inc., 467 F.3d 514, 522 (6th Cir. 2006) (citing Pioneer Investment Services

Co., 507 U.S. at 395). 

The Plaintiff has attempted to correct their error within the next business day of becoming 

aware of the error. The Plaintiff has acted in good faith, and the Defendant will not be 

prejudiced as there has been no substantial substantive change in their response since the date of 

the initial timely filing. Defendant was able to provide a reply to Plaintiff’s response, and 

therefore there was no prejudice in the delayed amended filing. Plaintiff substantially complied 

with the Court’s rules, but did make a couple of errors. Plaintiff is still familiarizing itself with 

the local court rules and requests that the court consider this error “excusable neglect” and allow 

Plaintiff the opportunity to submit the amended response after the deadline.

CONCLUSION

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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Brief in Support of Motion of Motion to file Late Response/Amended Response Page 4 

Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

By: /s/ Heather Abreu

Heather Abreu

Texas Bar No. 24122577 

Phone: (972) 327-5800 

Email: heather@KDphillipslaw.com

By: /s/ Kerri Phillips

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

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 22nd day of August 2022. 

William Osborne 

Margot Nikitas 

Sanford Denison 

Michael Rake

/s/Heather Abreu 

Heather Abreu

 

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