1

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

Camden Vicinage 

CITY SELECT AUTO SALES, INC., a New 

Jersey corporation, individually and as the 

representative of a class of similarly 

situated persons, 

 

 Plaintiff, 

 v. 

DAVID RANDALL ASSOCIATES, INC. and 

RAYMOND MILEY III, 

 Defendants. 

)

)

)

)

)

)

)

)

)

)

)

)

)

Electronically Filed 

Civil Action No. 

11-cv-02658-JBS-KMW 

Motion Date: November 7, 2011 

 

PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED BRIEF IN 

OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS, INSTANTER 

NOW COMES the Plaintiff, City Select Auto Sales, Inc., (“Plaintiff”), by and 

through its attorneys, and moves for an order granting it leave to file its Amended 

Brief in Opposition to Defendants’ Motion to Dismiss, Instanter, pursuant to this 

Court’s Letter Order of October 4, 2011. (Doc. 13). Pursuant to Local Civ. Rule 

7.1(d)(4), Plaintiff has not submitted a brief herewith in the interest of brevity, as 

the relief requested herein does not raise complex questions of fact or law. In support 

of its Motion, Plaintiff alleges and states as follows: 

1. Plaintiff’s brief in opposition to Defendants’ Motion to Dismiss was 

initially due on September 6, 2011. 

2. On September 13, 2011, Plaintiff moved for an Order that the deadline for 

its brief in opposition to Defendants’ Motion to Dismiss be extended to October 3, 

2011, and that Defendants’ Motion to Dismiss be adjourned to October 17, 2011. 

Case 1:11-cv-02658-JBS-KMW Document 14 Filed 10/24/11 Page 1 of 4 PageID: 131
2

(Doc. 10). Counsel for Defendants agreed to that proposed extension. 

3. Accordingly, Plaintiff filed its brief in opposition to Defendants’ Motion to 

Dismiss on October 3, 2011. (Doc. 12). 

4. On October 4, 2011, however, this Court entered an Order extending the 

return date for Defendants’ Motion to Dismiss to November 7, 2011, well beyond the 

October 17, 2011 deadline requested by Plaintiff. (Doc. 13). 

5. In the October 4 Order, Plaintiff was granted until October 24, 2011 to 

respond to Defendants’ Motion to Dismiss; Defendants were granted until October 

31, 2011 to reply. Id.

6. Because Plaintiff presumed that Defendants’ Motion to Dismiss would be 

returnable on October 17, 2011, it submitted its brief in opposition thereto 3 weeks 

early. 

7. Pursuant to the October 4 Order, Plaintiff respectfully requests that the 

Court grant it leave to file its Amended Brief in Opposition to Defendants’ Motion to 

Dismiss, Instanter. Plaintiff’s Amended Brief is attached hereto as Exhibit A. 

8. This motion is not brought for purposes of harassment or delay, and 

Defendants will not be prejudiced by the granting of this motion. 

WHEREFORE, Plaintiff City Select Auto Sales, Inc., respectfully requests 

that the Court enter an order, attached hereto as Exhibit B, granting it leave to file 

its Amended Brief, Instanter. 

October 24, 2011 

Respectfully submitted, 

Case 1:11-cv-02658-JBS-KMW Document 14 Filed 10/24/11 Page 2 of 4 PageID: 132
3

CITY SELECT AUTO SALES, INC., 

individually and as the representative of a class of 

similarly-situated persons. 

 

By: s/Alan C. Milstein 

 Alan C. Milstein, 

 One of Plaintiff’s Attorneys 

 Sherman, Silverstein, Kohl, Rose, and Podolsky 

 308 Harper Drive, Suite 200 

 Moorestown, NJ 08057 

 Telephone: 856/662-0700 

 Facsimile: 856/488-4744 

 Attorneys for Plaintiff City Select Auto Sales, Inc. 

Case 1:11-cv-02658-JBS-KMW Document 14 Filed 10/24/11 Page 3 of 4 PageID: 133
4

CERTIFICATE OF SERVICE 

The undersigned attorney hereby certifies that, on October 24, 2011, he 

caused a copy of the foregoing motion to be served upon all counsel of record using 

the ECF system. 

 

 s/Alan C. Milstein

Case 1:11-cv-02658-JBS-KMW Document 14 Filed 10/24/11 Page 4 of 4 PageID: 134