The first motion for a time extension has been filed by a defendant in a federal lawsuit lodged by the owner of a classic car restoration business and garage.

The motion was filed by Rocky Mount attorney J. Nicholas Ellis on behalf of Rose Beacham and L&R Motor Company, one of several defendants in the case that includes the city of Roanoke Rapids. 

The lawsuit was filed on behalf of Vivian Pompliano, the owner of the former Pomp Boys Motors in Roanoke Rapids.

At the heart of the lawsuit is a claim by Pompliano that her business closed because Roanoke Rapids police officers named in the complaint exercised extreme misconduct.

Besides Beacham, L&R and the city, defendants in the lawsuit are Jamie Lee Hardy, a former officer, officers Antonio Seward, and Jayme Shelburne in their individual and official capacities; customers Vickie Evans and Dennis Harvey.

“Beacham and L&R have had insufficient time in which to confer with counsel and completely investigate and respond to the plaintiff’s complaint,” the motion says. “Beacham and L&R believe that a thirty day enlargement of time will allow sufficient time to complete and serve their responses to same.

They seek an additional 30 days up to and including October 8.

The plaintiff’s counsel has no issues with the request.

There have been no documents filed in the city’s behalf thus far