SHERLEY et al v. SEBELIUS et al

Filing 20

Unopposed MOTION for Leave to File Excess Pages by KATHLEEN SEBELIUS, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FRANCIS S. COLLINS, NATIONAL INSTITUTE OF HEALTH (Attachments: # 1 Text of Proposed Order)(Womack, Eric)

SHERLEY et al v. SEBELIUS et al

Doc. 20

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DR. JAMES L. SHERLEY, et al. Plaintiffs, v. KATHLEEN SEBELIUS, et al. Defendants.

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Civil Action No. 1:09-cv-01575 (RCL)

UNOPPOSED MOTION FOR EXTENSION OF PAGE LIMIT On Monday, September 14, 2009, defendants intend to file their opposition to plaintiffs' motion for preliminary injunction as well as a motion to dismiss the Complaint. As the issues involved in each filing are interrelated, defendants plan to file one combined brief in opposition to plaintiffs' motion for preliminary injunction and in support of the motion to dismiss. Defendants believe that this is the most efficient manner in which to address the issues involved in each motion, as opposed to creating two separate memoranda (with a potential combined total of ninety (90) pages) that analyze overlapping issues. In order to adequately address the issues presented by both filings, however, defendants need an additional ten (10) pages beyond that permitted by Local Civil Rule 7(e) for the combined brief. Accordingly, defendants respectfully request an extension of ten (10) pages, for a total of fifty-five (55) pages, for their combined Memorandum in Support of the Motion to Dismiss and in Opposition to Plaintiffs' Motion for Preliminary Injunction. On September 11, 2009, counsel for defendants conferred with counsel for plaintiffs, who -1-

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indicated that they do not oppose this Motion.

Dated: September 11, 2009

Respectfully submitted, TONY WEST Assistant Attorney General C H A N N IN G D. PHILLIPS Acting United States Attorney

/s/ Eric Womack SHEILA M. LIEBER, IL Bar No. 1567038 Deputy Director ERIC R. WOMACK, IL Bar No. 6279517 JOEL McELVAIN, DC Bar No. 448431 Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20001 Tel: [phone] Fax: [phone] Attorneys for Defendants

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CERTIFICATE OF SERVICE I hereby certify that on September 11, 2009, I caused a true and correct copy of the foregoing Motion and accompanying Proposed Order to be served on Plaintiffs' counsel electronically by means of the Court's ECF system.

/s/ Eric R. Womack ERIC R. WOMACK