AL-ZAHRANI v. DONALD RUMSFELD, et al

Filing 29

Consent MOTION for Extension of Time to Respond to Plaintiffs' Motion for Reconsideration and Motion for Leave to Amend by DONALD ARTHUR, MIKE BUMGARNER, THOMAS K. BURKHARD, NELSON J. CANNON, TERRY CARRICO, MICHAEL COWAN, BANTZ CRADDOCK, THOMAS R. CULLISON, WADE DENNIS, MICHAEL E. DUNLAVEY, JOHN EDMONDSON, HARRY B. HARRIS, JR, JAMES T. HILL, JAY HOOD, MICHAEL LEHNERT, ADOLPH MCQUEEN, GEOFFREY MILLER, RICHARD MYERS, PETER PACE, ESTEBAN RODRIGUEZ, DONALD RUMSFELD, RONALD L. SOLLOCK, DAVID TORNBERG, UNITED STATES, WILLIAM WINKENWERDER, JR (Werner, Paul)

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ) ) Plaintiffs, ) ) v. ) ) Donald RUMSFELD, et al. ) ) and ) ) UNITED STATES, ) ) Defendants. ) ____________________________________) Talal AL-ZAHRANI, et al.,

Case No.: 1:09-CV-00028 (ESH)

DEFENDANTS' CONSENT MOTION FOR ENLARGEMENT OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' MOTIONS FOR RECONSIDERATION AND FOR LEAVE TO AMEND Pursuant to Federal Rule of Civil Procedure 6(b)(1), the United States and the Individual Named Defendants (collectively, "Defendants") respectfully move this Court for a 16-day enlargement of time, up to and including April 15, 2010, for Defendants to respond to Plaintiffs' Motion for Reconsideration in Light of Newly Discovered Evidence and Motion for Leave to Amend in Light of Newly Discovered Evidence. In support of this motion, Defendants assert as follows: 1. Plaintiffs instituted this action with the filing of their Complaint on January 7, 2009. 2. Plaintiffs amended their Complaint on January 29, 2009. 3. Defendant United States filed a motion to substitute and Defendants filed motions to dismiss Plaintiffs' claims on June 26, 2009. 4. Plaintiffs opposed Defendants' motions on October 5, 2009. 5. Defendants replied to Plaintiffs' opposition on December 4, 2009.

6. On February 16, 2010, the Court granted Defendants' motions and dismissed Plaintiffs' claims, with prejudice. 7. On March 16, 2010, Plaintiffs filed both a Motion for Reconsideration in Light of Newly Discovered Evidence and a Motion for Leave to Amend in Light of Newly Discovered Evidence. These motions raise numerous factual allegations and legal arguments not included in Plaintiffs' earlier filings. 8. Pursuant to Local Rule 7(m), the Defendants' counsel contacted Plaintiffs' counsel, Pardiss Kebriaei, on March 17, 2010, regarding the contents of this motion. Plaintiffs, through counsel, graciously consented to this motion. 9. This request is made in good faith and not for purposes of delay. 10. Defendants have not previously requested or been given an extension of time to respond to Plaintiffs' Motion for Reconsideration or Motion for Leave to Amend. 11. There are no other previously scheduled deadlines in this case.

Dated: March 17, 2010

Respectfully submitted, TONY WEST Assistant Attorney General, Civil Division ANN M. RAVEL Deputy Assistant Attorney General TIMOTHY P. GARREN Director, Torts Branch ANDREA W. McCARTHY Senior Trial Counsel /s/ Paul E. Werner ZACHARY C. RICHTER (Texas Bar # 24041773, under LCvR 83.2(e)) PAUL E. WERNER (MD Bar, under LCvR 83.2(e)) Trial Attorneys UNITED STATES DEPARTMENT OF JUSTICE Torts Branch, Civil Division P.O. Box 7146 Ben Franklin Station Washington, D.C. 20044 [phone] (phone) [phone] (fax) Attorneys for the United States and the Individual Named Defendants

CERTIFICATE OF SERVICE I hereby certify that on March 17, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Pardiss Kebriaei Shayana Kadidal CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 [e-mail] Counsel for Plaintiffs Meetali Jain International Human Rights Clinic American University WASHINGTON COLLEGE OF LAW 4801 Massachusetts Ave., N.W. Washington, DC 20016 [e-mail] Counsel for Plaintiffs /s/ Paul E. Werner PAUL E. WERNER (MD Bar, under LCvR 83.2(e)) Trial Attorney United States Department of Justice Torts Branch, Civil Division P.O. Box 7146 Ben Franklin Station Washington, DC 20044 [phone] (phone)