Case 4:13-cv-00410-KGB Document 42 Filed 12/12/14 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
RITA AND PAM JERNIGAN and
BECCA AND TARA AUSTIN
v.

PLAINTIFFS
CASE NO. 4:13-CV-00410

LARRY CRANE, In His Official Capacity

As Circuit And County Clerk For Pulaski County
And His Successors In Interest; RICHARD WEISS,
In His Official Capacity As Director Of The Arkansas
Department Of Finance And Administration, And His
Successors In Interest; GEORGE HOPKINS, In His
Official Capacity As Executive Director Of The
Arkansas Teacher Retirement System And His
Successors In Interest; DUSTIN McDANIEL, In His
Official Capacity As Attorney General For The State
Of Arkansas And His Successors In Interest

DEFENDANTS

PLAINTIFFS MOTION FOR

EXTENSION OF TIME PURSUANT TO FRCP 6(b)
Plaintiffs, as prevailing parties in the captioned case, pursuant to 42 U.S.C.
1988, Federal Rule of Civil Procedure 54(d)(2)(A) and A.C.A. 16-123-107 , were
entitled to move this Court for attorney fees and costs. That due to an error and a
miscalculated due date, constituting excusable neglect, the time for the filing of the
Motion for same has passed.
That Plaintiffs respectfully request that this Court permit an extension of time for
filing.
In support of this motion, plaintiffs submit:
(1) The Affidavit of Cheryl K. Maples; and
(2) The brief in support of this motion.
WHEREFORE, Plaintiffs respectfully request that this Motion be granted and for
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Case 4:13-cv-00410-KGB Document 42 Filed 12/12/14 Page 2 of 3

all other relief to which they may be entitled.

.
Dated: December 12, 2014
Respectfully submitted,
/s/ Cheryl K. Maples________
Cheryl K. Maples ABA# 87109
P. O. Box 1504
Searcy, AR 72145
(501)912-3890
Fax (501)362-2128
Email: ckmaples@aol.com

Certificate of Service
I, the undersigned attorney do hereby state that on this 12TH day of December,
2014 a true and correct copy of the foregoing document was served by email only upon:
David M. Fuqua
Email: dfuqua@fc-lawyers.com
Nga Mahfouz
Email: ngamahfouz@arkansasag.gov
Jack Wagoner
jack@wagonerlawfirm.com
Angela Mann
angela@wagonerlawfirm.com
/s/ Cheryl K. Maples____________________

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Case 4:13-cv-00410-KGB Document 42 Filed 12/12/14 Page 3 of 3

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Case 4:13-cv-00410-KGB Document 42-1 Filed 12/12/14 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
RITA AND PAM JERNIGAN and
BECCA AND TARA AUSTIN
v.

PLAINTIFFS
CASE NO. 4:13-CV-00410

LARRY CRANE, In His Official Capacity

As Circuit And County Clerk For Pulaski County
And His Successors In Interest; RICHARD WEISS,
In His Official Capacity As Director Of The Arkansas
Department Of Finance And Administration, And His
Successors In Interest; GEORGE HOPKINS, In His
Official Capacity As Executive Director Of The
Arkansas Teacher Retirement System And His
Successors In Interest; DUSTIN McDANIEL, In His
Official Capacity As Attorney General For The State
Of Arkansas And His Successors In Interest

DEFENDANTS

BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR

EXTENSION OF TIME PURSUANT TO FRCP 6(b)

Comes the plaintiffs by and through their individual attorney, Cheryl K Maples,
and for their brief in support of plaintiffs motion for extension of time pursuant to FRCP
6, states:
Plaintiffs, as prevailing parties in the captioned case, pursuant to 42 U.S.C.
1988, Federal Rule of Civil Procedure 54(d)(2)(A) and A.C.A. 16-123-107 , were
entitled to move this Court for attorney fees and costs. Due to an error on the part of
individual Council, Cheryl K Maples, in wrongly calendaring the motion for fees and
costs that was due to be filed on or before December 9, 2014, said Motion is being filed
three (3) days late The mistake in calendaring of same was not discovered until
December 12, 2014.
Excusable neglect is considered an elastic concept. In Pioneer Inv. Serv. Co.
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Case 4:13-cv-00410-KGB Document 42-1 Filed 12/12/14 Page 2 of 4

v.Brunswick Assoc. Ltd. Pship, 507 U.S. 380, 395 (1993), the U. S. Supreme Court
stated:
Under Rule 6(b), where the specified period for the performance
of an act has elapsed, a district court may enlarge the period and
permit the tardy act where the omission is the result of excusable
neglect. (T)here is no indication that anything other than the
commonly accepted meaning of phrase was intended by its drafters.
It is not surprising, then, that in applying Rule 6(b), the Courts of
Appeals have generally recognized that excusable neglect may
extend to inadvertent delays. Although inadvertence, ignorance of the
rules, or mistakes construing the rules do not usually constitute
excusable neglect, it is clear that excusable neglect is a somewhat
elastic concept and is not limited strictly to omissions caused by
circumstances beyond the control of the movant.
FRCP (6)(b)(2) provides for the granting of a motion for an extension of time
circumstances set forth herein excusable neglect. For a District Court to find
excusable neglect under said rule, the court must balance the following factors: [1] the
danger of prejudice to the (non-movant), [2] the length of the delay and its potential
impact on judicial proceedings, [3] the reason for the delay, including whether it was
within the reasonable control of the movant, and [4] whether the movant acted in good
faith. Pioneer at 392.
In the case at bar, (1) the passage of only three days does not prejudice the
non-movant; (2) the lapse of time is 3 days; (3) the error was a clerical mistake; and
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(4) the delay and the cause therefore were most definitely in good faith and not for any
other purpose.
That the enactment of 42 U.S.C. 1988 was for cases such as the one before
this Court. The reasoning behind the provision of the shifting of the burden of fees and
costs of the prevailing party would be defeated if a clerical error resulting in a three day
delay would not be deemed excusable neglect and the Motion for Fees and Costs
allowed to proceed.
Wherefore, Plaintiffs pray this Court grant the extension of THREE DAYS herein
requested and accept the filing of their Motion for Fees and Costs filed simultaneously
herein.
Respectfully submitted,
/s/ Cheryl K. Maples________
Cheryl K. Maples ABA# 87109
P. O. Box 1504
Searcy, AR 72145
(501)912-3890
Fax (501)362-2128
Email: ckmaples@aol.com

Certificate of Service
I, the undersigned attorney do hereby state that on this 12TH day of December,
2014 a true and correct copy of the foregoing document was served by email only upon:
David M. Fuqua
Email: dfuqua@fc-lawyers.com
Nga Mahfouz
Email: ngamahfouz@arkansasag.gov
Jack Wagoner
jack@wagonerlawfirm.com
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Angela Mann
angela@wagonerlawfirm.com
/s/ Cheryl K. Maples____________________

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Case 4:13-cv-00410-KGB Document 42-2 Filed 12/12/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
RITA AND PAM JERNIGAN and
BECCA AND TARA AUSTIN
v.

PLAINTIFFS
CASE NO. 4:13-CV-00410

LARRY CRANE, In His Official Capacity

As Circuit And County Clerk For Pulaski County
And His Successors In Interest; RICHARD WEISS,
In His Official Capacity As Director Of The Arkansas
Department Of Finance And Administration, And His
Successors In Interest; GEORGE HOPKINS, In His
Official Capacity As Executive Director Of The
Arkansas Teacher Retirement System And His
Successors In Interest; DUSTIN McDANIEL, In His
Official Capacity As Attorney General For The State
Of Arkansas And His Successors In Interest

AFFIDAVIT

Comes the Affiant, Cheryl K Maples, who hereby states under Oath that the date
for the filing of the Plaintiffs Motion for Attorney Fees and Costs was mistakenly
calendared in error at the time of this Courts Judgment, after counting fourteen days
from the date of the judgment. Same was calendared for December 12, 2014, when, in
fact, the deadline for same was actually December 9, 2014. That this was a clerical
error only.
That Affiant has spoken with opposing counsel in Order to avoid this necessity of
filing this Motion for Extension. That David Fuqua, Attorney for Larry Crane, does not
object to this granting of this Motion. The Attorney Generals office has stated that they
will not agree to same.

Case 4:13-cv-00410-KGB Document 42-2 Filed 12/12/14 Page 2 of 2

Further Affiant sayeth not.

/s/ Cheryl K. Maples________
Cheryl K. Maples ABA# 87109
P. O. Box 1504
Searcy, AR 72145
(501)912-3890
Fax (501)362-2128
Email: ckmaples@aol.com