AL-AULAQI v. OBAMA et al

Filing 14

MOTION for leave to file out of time by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Leary, Peter)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________________________ ) NASSER AL-AULAQI, on his own behalf and as next ) friend acting on behalf of ANWAR AL-AULAQI ) ) Plaintiff, ) Civ. A. No. 10-cv-1469 (JDB) ) v. ) ) BARACK H. OBAMA, President of the United States; ) ROBERT M. GATES, Secretary of Defense; LEON E. ) PANETTA, Director of the Central Intelligence Agency, ) ) Defendants. ) ) DEFENDANTS' MOTION FOR LEAVE TO FILE OUT OF TIME Defendants, through their undersigned counsel, respectfully request leave to file out of time Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction and Motion to Dismiss this action. In support of this requested leave, the undersigned counsel for Defendants states as follows: Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction was due on September 24, 2010. Due to the length of the brief (60 pages), and the fact that inter-agency deliberations on the brief extended into the late afternoon of September 24, 2010, and the fact that counsels' Department of Justice computer system functioned slowly and with frequent interruptions during the evening of September 24, 2010, counsel was not able to complete the filing until the early morning hours of September 25, 2010. On the afternoon of September 24, 2010, Defendants did lodge in a timely fashion with Court Security Officers three classified declarations that accompany its filing. Defendants regret any inconvenience this delayed filing has caused the Court or the plaintiff's counsel and would not oppose an extension of the

plaintiffs' reply date if requested by plaintiff. Date: September 25, 2010 Respectfully Submitted, TONY WEST Assistant Attorney General, Civil Division RONALD C. MACHEN, Jr. United States Attorney IAN HEATH GERSHENGORN Deputy Assistant Attorney General DOUGLAS LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Director, Federal Programs Branch /s/ Anthony J. Coppolino ANTHONY J. COPPOLINO Special Litigation Counsel, Federal Programs Branch /s/ Peter D. Leary PETER D. LEARY Trial Attorney, Federal Programs Branch U.S. Department of Justice, Civil Division 20 Massachusetts Ave., NW Washington, D.C. 20001 [phone]

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