USA v. Andrew Auernheimer

Filing 47

ECF FILER: Reply by Appellee USA to Response Response , filed. Certificate of Service dated 08/06/2013. (GJM)

No. 13-1816
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
UNITED STATES
v.
ANDREW AUERNHEIMER,
Appellant

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Reply To Appellant’s Opposition
To United States’ Motion For A
Word Limit Extension And Stay of
Briefing Schedule

Marcia M. Waldron, Clerk
United States Court of Appeals
for the Third Circuit
U.S. Courthouse
601 Market Street, Room 21400
Philadelphia, PA 19106-1790
Dear Ms. Waldron and Counsel:
The United States submits this letter in reply to appellant’s opposition to the
motion for a word limit extension to 26,500 words and a stay of the briefing
schedule pending resolution of that motion. The parties have conferred with each
other, and have reached a limited agreement concerning the outstanding motion,
which agreement is described below:
1. Defendant Auernheimer has consented to an extension of time until
September 20, 2013 for the Government to file its responsive brief in this appeal.
That extension of time would give the Government the same eight weeks of
additional time to file its principal brief that Mr. Auernheimer received.

2. Accordingly, the United States withdraws its request to stay the briefing
schedule and instead requests that its motion be deemed a motion for an extension
of time until September 20, 2013. The United States will not seek any extensions
beyond September 20th absent extraordinary circumstances.
3. Mr. Auernheimer continues to object to the Government’s request for an
additional 12,500 words to respond to the four additional briefs (containing 25,021
words) filed by the amici. The Government maintains its position that the request
is reasonable and should be granted.
4. If that request is granted, in whole or in part, the parties agree that Mr.
Auernheimer should receive an expanded word limit for his reply brief. The
Government proposes that his reply brief be one-half of whatever expanded word
limit this Court imposes on the Government’s brief. This is based on the
assumption that amici will not receive permission to file individual responses, and
that Mr. Auernheimer will speak on their behalf to the extent necessary.
Respectfully submitted,
PAUL J. FISHMAN
United States Attorney

By:

s/ Glenn J. Moramarco
GLENN J. MORAMARCO
Assistant United States Attorney

Dated: August 6, 2013
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CERTIFICATION OF SERVICE
I hereby certify that on August 6, 2013, I caused the attached motion to be
filed with the Clerk of the United States Court of Appeals for the Third Circuit and
served on the relevant parties via the Court’s ECF filing system.

/s/ Glenn J. Moramarco
GLENN J. MORAMARCO
Dated: August 6, 2013