AFIFI v. HOLDER et al

Filing 12

NOTICE of Opposition by ERIC H. HOLDER, JR, ROBERT S. MUELLER, III re 11 MOTION to Stay Proceedings (Lee, Lynn)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
YASIR AFIFI,
)
)
Plaintiff,
)
)
CIVIL ACTION NO.
v.
)
1:11-00460 (BAH)
)
ERIC H. HOLDER et al.
)
)
Defendants.
)
__________________________________________)
NOTICE OF DEFENDANTS HOLDER AND MUELLER’S OPPOSITION
TO PLAINTIFF’S MOTION FOR STAY
On July 18, 2011, plaintiff filed a motion to stay this case pending the Supreme
Court’s disposition of the issue of whether and to what extent GPS monitoring of a
vehicle’s movements constitutes a “search” under the Fourth Amendment. [Dkt #11]
Prior to filing, counsel for plaintiff conferred with the undersigned, who informed
plaintiff’s counsel that defendants Eric Holder and Robert Mueller (“official capacity
defendants”) would oppose this motion. Pursuant to Local Civil Rule 7(b) and Federal
Rule of Civil Procedure 6(d), counsel for official capacity defendants will timely file an
opposition to plaintiff’s motion by August 4, 2011.

Dated: July 19, 2011

Respectfully submitted,
TONY WEST
Assistant Attorney General
RONALD C. MACHEN
United States Attorney
VINCENT M. GARVEY
Deputy Branch Director

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ANTHONY J. COPPOLINO
Special Litigation Counsel
/s/ Lynn Y. Lee
LYNN Y. LEE
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants Holder and Mueller in
Their Official Capacities

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