Party Notice: Berg, Daniel et al vs. Commonwealth of Massachusetts et al

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NOTIFY

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss. SUPERIOR COURT |
:
) Notice sent
DANIEL BERG, et al, ) 8/27 12021 |
plaintiffs, ) EFILED 8/19/21 HD PR. E..PC
; FoR: EPG,
v. ) No.218-cvisag Ee Pt gt
) . '
COMMONWEALTH OF y ‘|
MASSACHUSETTS, ) (sc)
defendant ) |

)

ASSENTED-TO MOTION OF DEFENDANT COMMONWEALTH OF
‘ MASSACHUSETTS TO EXTEND TIME TO RESPOND TO COMPLAINT

Pursuant to Mass: R. Civ. P. 12(a)(1), the Commonwealth of Massachusetts, the
defendant in this action, respectfully requests that this Court extend its deadline to respond to the

plaintiffs’ Complaint through October 7, 2021. The plaintiffs assent to such an extension. As

grounds, the Commonwealth states:

1. The plaintiffs have filed a Complaint seeking declaratory relief and “specific
_performance” for payment of back pay, concerning the scope of their entitlement under

G.L. c. 33, § 59, to paid leave for certain military service.

2. The Commonwealth was served with the complaint and a summons on August 16, 2021.
As such, its response to that Complaint is currently due on September 7, 2021.

3. The Commonwealth requests that deadline be extended by 30 days, through October 7,
2021.

4. Such an extension is appropriate in view of the complexity of this case, as well as the
competing demands of other cases. Furthermore, such an extension will help the
Commonwealth to assist the court in addressing the issues in this case. Such an extension
will not prejudice any party or unduly delay adjudication of this case.

5. The plaintiffs assent to the requested extension.

WHEREFORE, the Commonwealth respectfully requests that this Court extend its deadline to

respond to the plaintiffs’ Complaint through October 7, 2021.