In re: 2703(d) Application

Filing 5

MOTION by Appellants Jacob Appelbaum, Rop Gonggrijp and Birgitta Jonsdottir to extend filing time for briefing schedule until January 20, 2012 for the opening brief and appendix; February 14, 2012 for Appellee's response brief; ten days after service of Appellee's brief for Appellants' reply brief. Date and method of service: 12/20/2011 ecf [998748401] [11-5151] Aden Fine

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

In re: APPLICATION OF THE
UNITED STATES OF AMERICA
FOR AN ORDER PURSUANT TO 18
U.S.C. SECTION 2703(D)

Case No. 11-5151

MOVANTS-APPELLANTS’ UNOPPOSED MOTION
FOR AN EXTENSION OF TIME

Pursuant to Federal Rule of Appellate Procedure 26(b) and Rule 27, and the
corresponding Local Rules of this Court, Movants-Appellants Jacob Appelbaum,
Rop Gonggrijp, and Birgitta Jonsdottir (“Movants”) respectfully move the Court
for a one-week extension of the deadlines in the briefing schedule for this case.
Appellee United States of America (“Appellee”) does not oppose this motion.
Movants’ opening brief and the Appendix are currently due on January 12,
2012, Appellee’s response brief is due on February 6, 2012, and Movants’ reply
brief is due within ten days of service of Appellee’s response brief. Movants
request that those dates be extended by eight days, respectively, so that Movants’
opening brief and the Appendix are due on January 20, 2012, Appellee’s response
brief is due on February 14, 2012, and Movants’ reply brief is due within ten days
of service of Appellee’s response brief.

This motion is made on the following grounds:
1.

This is the first request for an extension in this matter.

2.

This brief extension is requested in order to accommodate previously-

planned holiday vacation schedules of Movants’ respective counsel, and to ensure
that Movants have sufficient time to brief the complex issues presented by this
matter, which involves a joint appeal of several motions filed by three separate
individuals.
3.

This brief extension is also necessary to ensure that there is sufficient

time to compile and file the Appendix. In addition to the upcoming holidays,
additional time is required for the Appendix because of the existence of several
sealed documents in this matter, which may necessitate the creation and filing of
different volumes of the Appendix, along with accompanying pre-filing
discussions with counsel for Appellee.
4.

The presence of sealed materials may also require the filing of

multiple versions of Movants’ opening brief. This brief extension is necessary to
ensure that Movants have sufficient time to comply with the Court’s rules
regarding briefs discussing sealed materials.
5.

This short extension will not cause any prejudice to Appellee or

unduly burden the Court. Counsel for Appellee, Andrew Peterson, has stated that
Appellee does not object to this motion. Moreover, Movants’ docketing statement
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and their respective counsel’s notices of appearance are not due until December 22,
2011, after the filing of this motion.
For the foregoing reasons, Movants respectfully request that the Court
extend the briefing schedule by eight days, so that Movants’ opening brief and the
Appendix are due on January 20, 2012, Appellee’s response brief is due on
February 14, 2012, and Movants’ reply brief is due within ten days of service of
Appellee’s response brief.
Respectfully submitted,
Dated: December 20, 2011

By: /s/ Aden J. Fine________
Aden J. Fine
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
125 Broad Street, 18th Floor
New York, NY 10004
Telephone: [phone]
Facsimile: 212.549.2651
Email: [e-mail]
Rebecca K. Glenberg
AMERICAN CIVIL LIBERTIES UNION
OF VIRGINIA FOUNDATION, INC.
530 E. Main Street, Suite 310
Richmond, VA 23219
Telephone: [phone]
Facsimile: 804.649.2733
Email: [e-mail]
Cindy A. Cohn
Lee Tien
Marcia Hofmann
ELECTRONIC FRONTIER
FOUNDATION
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454 Shotwell Street
San Francisco, CA 94110
Telephone: [phone] x108
Facsimile: 415 436.9993
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for BIRGITTA JONSDOTTIR
Dated: December 20, 2011

By: /s/ Rachael E. Meny________
John W. Keker
Rachael E. Meny
Steven P. Ragland
KEKER & VAN NEST LLP
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: 415.397.7188
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
John K. Zwerling
Stuart Sears
ZWERLING, LEIBIG & MOSELEY, P.C.
108 North Alfred Street
Alexandria, VA 22314
Telephone: [phone]
Facsimile: 703.684.9700
Email:
[e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for JACOB APPELBAUM

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Dated: December 20, 2011

By: /s/ John D. Cline________
John D. Cline
LAW OFFICE OF JOHN D. CLINE
235 Montgomery Street, Suite 1070
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.524.8265
Email: [e-mail]
K.C. Maxwell
LAW OFFICE OF K.C. MAXWELL
235 Montgomery Street, Suite 1070
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.888.2372
Email: [e-mail]
Nina J. Ginsberg
DIMUROGINSBERG, P.C.
908 King Street, Suite 200
Alexandria, VA 22314
Telephone: [phone]
Facsimile: 703.548.3181
Email: [e-mail]
Attorneys for ROP GONGGRIJP

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 20th day of December, 2011, the
foregoing Unopposed Motion was filed electronically through the CM/ECF
system. Notice of this filing will be sent by e-mail to all parties by operation of the
Court’s electronic filing system.

/s/_Aden J. Fine_______________
Aden J. Fine

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