Morris Davis v. James Billington, et al

Filing 15

JOINT MOTION filed [1317211] by Daniel P. Mulhollan and Morris D. Davis to extend time to file brief to 08/01/2011. (Response to Motion served by mail due on 07/21/2011) [Service Date: 07/07/2011 by CM/ECF NDA] Pages: 1-10. [11-5092] (Fine, Aden) [Entered: 07/07/2011 01:37 PM]

UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

MORRIS D. DAVIS,
Plaintiff-Appellee,
v.

No. 11-5092

JAMES H. BILLINGTON, in his
official capacity as the Librarian of
Congress,
Defendant,
DANIEL P. MULHOLLAN, in his
individual capacity,
Defendant-Appellant.

JOINT MOTION TO EXTEND BRIEFING SCHEDULE
Pursuant to Federal Rule of Appellate Procedure 26(b) and D.C. Circuit Rule
28(e), the parties jointly request an eleven-day extension of the deadlines set forth
in the existing briefing schedule. Specifically, the parties request that the briefing
schedule be amended as follows: (1) Defendant-Appellant’s Brief would be due
no later than August 1, 2011; (2) Plaintiff-Appellee’s Brief would be due no later
than September 2, 2011; and (3) Defendant-Appellant’s Reply Brief would be due

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no later than September 16, 2011. In support of the request, the parties state as
follows:
1.

On June 8, 2011, this Court entered an order setting a briefing

schedule. Under that schedule, Defendant-Appellant’s opening brief is due on July
21, 2011, Plaintiff-Appellee’s response brief is due on August 22, 2011, and
Defendant-Appellant’s reply brief is due on September 6, 2011.
2.

No party has previously requested an extension of time in this matter.

3.

An eleven-day extension of the briefing schedule is necessary because

of other work commitments and scheduled summer vacation plans of the parties’
respective counsel. Specifically, Defendant-Appellant’s counsel has another brief
due in this Court on July 22, 2011, in Al Kandari v. United States, No. 10-5373
(D.C. Cir.), and local counsel and lead counsel for Plaintiff-Appellant have
summer vacations scheduled for August 9-22 and August 21-28, respectively.
5.

Granting this extension will not cause any prejudice to any party in

this matter.
6.

There will be no inconvenience to the Court, as no date for oral

argument has yet been set.
WHEREFORE, with good cause shown, the parties respectfully request that
this Court enter an Order extending the briefing schedule by eleven days, such that
Defendant-Appellant’s Brief would be due no later than August 1, 2011, Plaintiff-

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Appellee’s Brief would be due no later than September 2, 2011, and DefendantAppellant’s Reply Brief would be due no later than September 16, 2011.
Respectfully submitted,

Dated: July 7, 2011

/s/ Aden J. Fine_____________ ___
Aden J. Fine
American Civil Liberties Union
Foundation
125 Broad St., 18th Floor
New York, NY 10004
Phone: [phone]
Fax: [phone]
[e-mail]
Arthur B. Spitzer
Frederick V. Mulhauser
American Civil Liberties Union
of the Nation’s Capital
1400 20th Street, N.W., Suite 119
Washington, D.C. 20036
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFFAPPELLEE MORRIS D. DAVIS

THOMAS M. BONDY
[phone]
/s/ Sharon Swingle
SHARON SWINGLE
[phone]
Attorneys, Appellate Staff
Civil Division, Room 7250

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Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530-0001
ATTORNEYS FOR DEFENDANTAPPELLANT DANIEL P. MULHOLLAN

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 7th day of July, 2011, the foregoing Joint
Motion to Extend Briefing Schedule was filed electronically through the CM/ECF
system, which caused the following parties or counsel to be served by electronic
means:
Thomas M. Bondy
Sharon Swingle
[phone]
[phone]
Attorneys, Appellate Staff
Civil Division, Room 7250
Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530-0001

/s/ Aden J. Fine_______
Aden J. Fine
American Civil Liberties Union
Foundation
125 Broad St., 18th Floor
New York, NY 10004
Phone: [phone]
Fax: [phone]
[e-mail]