AFIFI v. HOLDER et al

Filing 4

Unopposed MOTION for Extension of Time to File Answer by ERIC H. HOLDER, JR, ROBERT S. MUELLER, III (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.
)
__________________________________________)
DEFENDANTS HOLDER AND MUELLER’S UNOPPOSED MOTION
FOR EXTENSION OF TIME TO ANSWER COMPLAINT
Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure, defendants Eric
H. Holder and Robert Mueller, by and through the undersigned counsel, hereby move for
an extension of time of thirty (30) days, up to and including June 16, 2011, to answer or
otherwise respond to plaintiff’s Complaint. In support of this request, defendants state as
follows:
1.

On March 18, 2011, plaintiff Yasir Afifi filed suit against defendants

Holder and Mueller in their official capacities and unknown agents in their individual
capacities, asserting claims under the Fourth Amendment, Privacy Act, Administrative
Procedure Act, and First Amendment and seeking damages and injunctive and
declaratory relief. Defendants’ response to the Complaint is due May 17, 2011.
2.

Defendants Holder and Mueller need more time to prepare an adequate

response to plaintiff’s claims. The undersigned counsel is working with the Federal
Bureau of Investigation (“FBI”) to gather information about the underlying facts, but is
also facing a press of matters in other cases.

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3.

Pursuant to Local Civil Rule 7(m), the undersigned counsel contacted

counsel for plaintiff, who stated that she did not object to a 30-day extension of the time
to respond to the Complaint.
4.

As this case is still in the early stages of litigation, plaintiff will not be

prejudiced by affording defendants the additional time requested to respond to the
Complaint.
CONCLUSION
For the foregoing reasons, defendants Holder and Mueller respectfully request
that the Court grant their motion and enlarge their time to respond to plaintiff’s
Complaint up to and including June 16, 2011.

Dated: May 4, 2011

Respectfully submitted,
TONY WEST
Assistant Attorney General
RONALD C. MACHEN
United States Attorney
VINCENT M. GARVEY
Deputy Branch Director
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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CERTIFICATE OF SERVICE
I hereby certify that on May 4, 2011, a true and correct copy of the foregoing was
served electronically by the U.S. District Court for the District of Columbia Electronic
Case Filing System (ECF) and that the documents are available on the ECF system.
/s/ Lynn Y. Lee
LYNN Y. LEE

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