IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION k0ec - I iuuj,. ~fn IN RE WORLD ACCESS, INC SECURITIES LITIGATION Master File No. 1 :99-CV-0043-ODE PLAINTIFFS' MOTION FOR LEAVE TO FILE MEMORANDUM IN EXCESS OF PAGE LIMIT COME NOW Plaintiffs and respectfully request that this Court permit them to exceed the page limits imposed by Local Rule 7.1 in Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment. The requested extension is necessary and important to this Court's ability to receive a full discussion of the issues presented. Through an analysis of facts and law, Plaintiffs' Memorandum addresses the many complex issues raised in Defendants' Brief in Support of Their Motion for Summary Judgment (which itself was excused from the Local Rule 7.1 page restrictions). Plaintiffs' Brief addresses complex issues through an analysis of testimony of both fact and expert witnesses and both statutory and case law. Plaintiffs' research in this regard has been extensive. In order for this Court to receive a complete presentation and analysis, ~,Q\
of the issues raised by Defendants' Motion for Summary Judgment, an extended discussion is required. For these reasons, this Court should grant Plaintiffs' request to file a Memorandum that exceeds twenty-five pages. A proposed Order granting this relief is attached hereto as Exhibit A. Respectfully submitted this 1` day of December, 2003. CHITWOO HARLEY, LLP = A Martin D. Chitwood Georgia Bar No. 124950 David A. Bain Georgia Bar No. 032449 2300 Promenade II 1230 Peachtree Street, NE Atlanta, GA 30309 Tel : (404) 873-3900 Fax: (404) 876-4476 BARRACK, RODOS & BACINE Leonard Barrack Daniel E. Bacine Robert Hoffman 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Tel : (215) 963-0600 Fax: (215) 963-0838 Counsel for Plaintiffs 2
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ----------------------------------------------x IN RE WORLD ACCESS, INC. Master File No. SECURITIES LITIGATION 1 :99-CV-0043-ODE ----------------------------------------------x ORDER Having considered Plaintiffs' Motion for Leave to File Memorandum in Excess of Page Limit, and for good cause shown, IT IS HEREBY ORDERED that Plaintiffs are granted leave to exceed the page limits imposed by Local Rule 7.1 in their opposition to Defendants' Motion for Summary Judgment. SO ORDERED this day of December, 2003. The Honorable Orinda D. Evans United States District Court
Local Rule 7.1D Certification Counsel for Plaintiffs hereby certifies that the text of this memorandum has been prepared with Time New Roman 14 point, one of the fonts and point selections approved by the Court in Local Rule S.1B. CHITWOOD & HARLEY LLP 1230 Peachtree Street, NE Promenade II, Suite 2300 Atlanta, GA 30309 (404) 873-3900 (404) 876-4476 (facsimile) David A. Bain Georgia Bar No. 032449 '-
CERTIFICATE OF SERVICE This is to certify that I have this day served a true and correct copy of the foregoing "Plaintiffs' Motion for Leave to File Memorandum in Excess of Page Limit' upon counsel for Defendants by hand delivery at the following address : J. David Dantzler, Jr. J. Timothy Mast Tracey Allen MCKENNA LONG & ALDRIllGE One Peachtree Center, Suite 5300 303 Peachtree Street Atlanta, Georgia 30308 This Is+ day of December 2003., C CHITWOOD & HARI,EY, LLP 1230 Peachtree Street, NE Promenade II, Suite 2300 Atlanta, GA 30309 (404) 873-3900 (404) 876-4476 (facsimile) David A. Bain Georgia Bar No. 032449