HOWARD R.L. COOK & TOMMY SHAW FOUNDATION FOR BLACK EMPLOYEES OF THE LIBRARY OF CONGRESS, INC. et al v. BILLINGTON

Filing 8

Consent MOTION for Extension of Time to File Response/Reply to the Complaint by JAMES H. BILLINGTON (Weinstein, Laurie)

HOWARD R.L. COOK & TOMMY SHAW FOUNDATION FOR BLACK EMPLOYEES OF THE LIB..., INC. et al v. BILLINGTON Doc. 8

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

HOWARD R.L. COOK & TOMMY SHAW FOUNDATION FOR BLACK EMPLOYEES OF THE LIBRARY OF CONGRESS, INC., et al., Plaintiffs, v. JAMES H. BILLINGTON, Librarian, Library of Congress, Defendant.

Civil Action No. 10-1315 (HHK)

CONSENT MOTION AND MEMORANDUM IN SUPPORT FOR EXTENSION OF ON WEEK IN WHICH TO RESPOND TO COMPLAINT Defendant, James H. Billington, Librarian, Library of Congress, by and through undersigned counsel, respectfully moves this Court pursuant to Federal Rule of Civil Procedure 6(b)(1) for a one week enlargement of time to, and including, Wednesday, December 15, 2010, to respond to the Complaint in this action. The U.S. Attorney's Office was served with the Complaint on August 18, 2010, making Defendant's response to the Complaint due on October 18, 2010. This Court has previously granted two enlargement until December 8, 2010. Pursuant to Rule 7(m) of the Rules of the United States District Court for the District of Columbia, Defendant conferred with Plaintiff's counsel regarding this extension motion via electronic mail and telephone and Plaintiff's counsel consented to the relief requested. There is good cause to grant this motion. As described in our earlier motion, undersigned counsel recently underwent knee surgery and recently experienced additional difficulty with the knee causing her to miss some time. Because of that, the undersigned has been unable to consult with the agency counsel assigned to this matter to ensure the United States' response to the complaint is accurate and thorough.

Dockets.Justia.com

Therefore, undersigned counsel thus requests the additional time so that she and agency counsel have an adequate opportunity to coordinate the response to Plaintiffs' complaint. This is the third request for an enlargement and there are no pending deadlines or court dates that this request for enlargement would affect. Granting Defendant an additional week to respond to the Complaint should cause no prejudice. For the foregoing reasons, Defendant respectfully requests that it be afforded to, and including, Wednesday, December 15, 2010, to respond to the Complaint. A proposed order consistent with this motion is attached hereto. Date: December 7, 2010 Respectfully submitted, RONALD C. MACHEN JR., D.C. Bar #447889 United States Attorney for the District of Columbia RUDOLPH CONTRERAS, D.C. Bar #434122 Chief, Civil Division By: /s/ Laurie Weinstein LAURIE WEINSTEIN, D.C. Bar #389511 Assistant United States Attorney Civil Division 555 4th Street, N.W. Washington, D.C. 20530 Tel: [phone] .

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

HOWARD R.L. COOK & TOMMY SHAW FOUNDATION FOR BLACK EMPLOYEES OF THE LIBRARY OF CONGRESS, INC., et al., Plaintiffs, v. JAMES H. BILLINGTON, Librarian, Library of Congress, Defendant.

Civil Action No. 10-1315 (HHK)

[PROPOSED] ORDER UPON CONSIDERATION of the Defendant's Consent Motion for Extension of Time to Respond to Complaint, and for good cause shown, it is hereby ORDERED that Defendant's motion is GRANTED, and it is further ORDERED that Defendant shall have to, and including, December 15, 2010, to respond to the complaint in this action. SO ORDERED.

________________ Date

____________________________ Hon. Henry H. Kennedy United States District Judge