Lawyers Hold Newborn For Ransom In Scheduling Dispute - Above the Law
Briefly

Byju Alpha is a Chapter 11 proceeding in Delaware. Defendants' counsel needed a short extension because his wife required a medically necessary induction at eight months. Hospital delays and appointments with Maternal Fetal Medicine prevented timely assistance with the reply to a motion to dismiss. Counsel requested a couple of extra days to complete the reply. Plaintiffs' counsel responded that they would agree to the extension only if defendants accepted an omnibus hearing for all outstanding motions. Defendants declined the omnibus hearing and proposed an alternative schedule while noting thanks for the extension request.
In the grand tradition of turning every shred of human decency into a bargaining chip, a motion in a bankruptcy action seeks a filing extension from the court after the words "my wife is in the hospital being medically induced eight months into pregnancy" were apparently met with: Sure - but only if you cave on this other procedural demand we've been pestering you with.
As the defendants prepared a reply for the motion to dismiss, Delaware counsel learned that his wife's pregnancy required a medically necessary induction. Between hospital delays, shuttling back and forth with Maternal Fetal Medicine, and the whole "bringing an actual human life into the world" thing, counsel wasn't in a position to assist with the reply brief and sought an extension.
Read at Above the Law
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