ELECTRONIC PRIVACY INFORMATION CENTER v. FEDERAL TRADE COMMISSION

Filing 4

Consent MOTION for Extension of Time to File Answer re 1 Complaint or Otherwise Respond to Complaint by FEDERAL TRADE COMMISSION (Attachments: # 1 Text of Proposed Order)(Burch, Alan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ELECTRONIC PRIVACY INFORMATION CENTER,
Plaintiff,
v.
FEDERAL TRADE COMMISSION,
Defendant.

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Civil Action No.: 11-0881 (HHK)

CONSENT MOTION TO ENLARGE TIME TO FILE ANSWER
OR OTHERWISE RESPOND TO COMPLAINT
Defendant, the Federal Trade Commission (“FTC”), respectfully requests an additional
thirty days to file an answer or otherwise respond to the complaint in this case. This case arises
under the Freedom of Information Act (“FOIA”). Plaintiff served the U.S. Attorney’s Office
with the complaint on May 16, 2011, and the FTC’s answer is therefore currently due June 15,
2011. EPA requests thirty additional days and a new deadline of July 15, 2011. In a recent
email exchange with counsel for Plaintiff regarding this motion, counsel for Plaintiff consented
to this motion, on the condition that the FTC waive any defense based on failure to exhaust
administrative remedies regarding the FTC’s most recent production of documents to Plaintiff.
The FTC agrees to this condition and, accordingly, the parties consider this a consent motion.
Good cause exists for the Court to grant this motion under Rule 6(b)(1)(A) because the
FTC needs additional time to process the numerous responsive records and to analyze the merits
of the claims. The agency is working expeditiously on its processing.
This is the FTC’s first request to extend this deadline. A proposed order is attached.

June 10, 2011

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/
ALAN BURCH, D.C. Bar # 470655
Assistant United States Attorney
555 4th St., N.W.
Washington, D.C. 20530
[phone], [e-mail]

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