UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

DAMON KIMMEL, )

and as Representative of a Class )

of similarly situated individuals, )

)

Plaintiffs, )

)

v. ) Case No.: 1:16-cv-161

)

HOUSING AUTHORITY )

OF SOUTH BEND, )

)

Defendant. )

MOTION FOR ENLARGEMENT OF

TIME TO RESPOND TO COMPLAINT

Pursuant to Federal Rules of Civil Procedure 6(b) and Rule 6-1 of the Local Rules of the

U.S. District Court for the Northern District of Indiana, Defendant, the Housing Authority of

South Bend, respectfully requests a four-day extension of the deadline to respond to Plaintiff

Damon Kimmel’s Complaint to August 19, 2016. In support of this request, the Housing

Authority states:

1. The current deadline for answering or otherwise responding to Mr. Kimmel’s

Complaint is August 15, 2016. This deadline was previously extended twice pursuant to N.D.

Ind. L.R. 6-1(b), first from June 20, 2016 when the Housing Authority filed a Notice of Initial

Enlargement of Time, and second from July 18, 2016. 2. Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure allows the Court to extend

deadlines for good cause upon motion made before the original time or its extension expires.

Determining whether “good cause” exists focuses on the diligence of the party seeking the

extension. Smetzer v. Newton, 1:10-CV-93, 2012 WL 1900118 (N.D. Ind. May 23, 2012) (citing

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Alioto v. Town of Lisbon, 651 F.3d 715, 715 (7th Cir. 2011) and Smith v. Howe Military Sch., 3:96–CV–790RM, 1997 WL 662506, *1 (N.D. Ind. Oct. 20, 1997).

3. To demonstrate good cause, a party must show that despite its diligence, the time

table could not reasonably have been met. Smith, 1997 WL 662506, at * 1.

4. Good cause exists to modify the deadline for responding to Mr. Kimmel’s

Complaint.

5. Mr. Kimmel brings claims individually and on behalf of a putative class, including

alleged violation of the United States Housing Act, the Fourteenth Amendment to the

Constitution (including alleged due process and equal protection violations), the due course of

law clause of the Indiana Constitution, and the equal privileges clause of the Indiana Constitution.

6. The Housing Authority believes Mr. Kimmel’s Complaint warrants dismissal for

failure to adequately state a claim under Rule 12(b)(6). However, the Housing Authority needs

additional time to complete the brief in support of this motion because of the Housing Authority’s

counsel’s workload and the numerous claims brought in this case.

7. In addition to this case, the Housing Authority’s counsel has appeared and is

actively defending two other putative class actions—Stanley Reed, and as representative of a

class of similarly situated individuals v. Housing Authority of South Bend, United States District

Court for the Northern District of Indiana, Case No.: 3:16-cv-253-JVB-CAN; Fair Housing

Center of Central Indiana, et al. v. Anderson Housing Authority, United States District Court for

the Southern District of Indiana, Case No. 1:16-cv-785. The motion to dismiss in Reed was filed

on August 8, 2016 and the Fair Housing Center case is actively involved in discovery with

discovery responses due on Monday, August 15, 2016. 8. In addition to these putative class actions, the Housing Authority’s counsel has

various other immediate professional obligations, including: attending an all-day mediation in

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Chicago on Tuesday, August 16, 2016 in Sanders v. The Reserves Network, Inc., United States

District Court for the Northern District of Illinois, Case No. 1:16-cv-02592; responding to an

Immigration Custom Enforcement I-9 audit notice that is due Monday, August 15, 2016;

responding to several housing discrimination complaints pending in the Indiana Civil Rights

Commission or the Fort Wayne Metropolitan Human Rights Commission during the next two

weeks; attending a pre-trial conference scheduled for Friday, August 19, 2016 in Crystal Wright

v. Housing Authority of South Bend, State of Indiana St. Joseph Superior Court, Cause No.

71D07-1201-PL-00001; attending the Rule 16 conference in this case on August 24; giving a

client employment law training on August 23; and filing a supplemental docketing statement in

Cynthia Herndon v. Housing Authority of South Bend, Seventh Circuit No. 2929 on August 22,

2016. Counsel is actively defending more than ten other lawsuits or complaints pending in

Indiana and Illinois state and federal courts or administrative agencies, and is handling numerous

other active labor and employment matters, such as client counseling and policy and agreement

drafting.

9. Due to the complexity of Mr. Kimmel’s Complaint and the undersigned’s other

demands, the Housing Authority requires a short, four-day extension to complete its response to

Mr. Kimmel’s Complaint.

10. No discovery or trial dates have been set, and this extension this case will not

prejudice either party.

11. Mr. Kimmel’s counsel has no objection to this extension.

WHEREFORE, the Housing Authority respectfully requests the Court enter an order

vacating the existing deadline for answering or otherwise responding to the Complaint, and

extending the deadline to August 19, 2016.

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Date: August 11, 2016 BARNES & THORNBURG LLP

/s/ Michael P. Palmer

Michael P. Palmer

Kyra E. Clark

700 1st Source Bank Center

100 N. Michigan St.

South Bend, IN 46601-1632

Michael.Palmer@btlaw.com

Kyra.Clark@btlaw.com

Attorney Palmer: (574) 237-1135

Attorney Clark: (574) 237-1249

Attorneys for Defendant, Housing Authority of

South Bend

CERTIFICATE OF SERVICE

I hereby certify that on August 11, 2016 I electronically filed the foregoing with the Clerk

of the Court using the CM/ECF system which sent notification of such filing to the following:

Kent Hull, 105 E. Jefferson, Suite 800, South Bend, IN 46601.

BARNES & THORNBURG LLP

By: /s/ Michael P. Palmer

DMS KCLARK2 4253444v1

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