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

Filing 9

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

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HOWARD R.L. COOK & TOMMY SHAW FOUNDATION FOR BLACK EMPLOYEES OF THE LIB..., INC. et al v. BILLINGTON Doc. 9 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 THREE DAYS 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 three day enlargement of time to, and including, Monday, December 20, 2010, to respond to the Complaint in this action. This Court has previously granted three enlargement until December 15, 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 Plaintiff's counsel has graciously consented to the relief requested. There is good cause to grant this motion. As described in our earlier motions, undersigned counsel recently underwent knee surgery and recently experienced additional difficulty with the knee causing her to miss some time. Although the recovery is now mostly complete, the previously missed time caused a ripple effect in the undersigned's ability to complete the pending filing because of conflicting assignments. The response to plaintiff's complaint is almost complete but coordination with the agency regarding the response has not Dockets.Justia.com been able to be completed because of multiple scheduling conflicts. In particular, an unexpectedly large amount of time has been required for attempted resolution of discovery matters in a longstanding class action (Segar v. Holder, Civ. No. 77-0081(EGS)) that have been brought to a head by a motion to compel for which an expedited hearing was held. 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 fourth request for an enlargement and there are no pending deadlines or court dates that this request for enlargement would affect. Granting Defendant an additional three days to respond to the Complaint should cause no prejudice, particularly given the plaintiff's counsels' gracious consent. For the foregoing reasons, Defendant respectfully requests that it be afforded to, and including, Monday, December 20, 2010, to respond to the Complaint. proposed order consistent with this motion is attached hereto. Date: December 15, 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: (202) 514-7133 . A 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 20, 2010, to respond to the complaint in this action. SO ORDERED. ________________ Date ____________________________ Hon. Henry H. Kennedy United States District Judge

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