KLAYMAN v. OBAMA et al

Filing 115

MOTION for Extension of Time to Respond to Plaintiffs' Motion for Partial Summary Judgment by KEITH B. ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gilligan, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_______________________________________
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LARRY KLAYMAN, et al.,
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Plaintiffs,
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v.
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Civil Action No.
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1:13-cv-0851-RJL
BARACK OBAMA, President of the
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United States, et al.,
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Defendants.
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_______________________________________)
MOTION FOR AN EXTENSION OF TIME TO RESPOND TO
PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
The Government Defendants 1 hereby move for an extension of time until May 9, 2014, to
file their opposition to Plaintiffs’ Motion for Partial Summary Judgment. For the reasons stated
below, the Government Defendants’ request for an extension of time should be granted.
1.

This Court granted Plaintiffs’ motion for a preliminary injunction, in part, on

December 16, 2013. (ECF Nos. 48, 49). The Government’s appeal from the Court’s preliminary
injunction is pending. Klayman v. Obama, No. 14-5004 (D.C. Cir.).
2.

Plaintiffs moved for partial summary judgment on their Fourth Amendment claim

on April 15, 2014 (ECF No. 108). Pursuant to Local Civil Rule 7(b) and Federal Rule of Civil
Procedure 6(d), the Government Defendants’ opposition to Plaintiffs’ motion is currently due to
be filed on May 5, 2014.

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Defendants Barack Obama, President of the United States, Eric Holder, Attorney
General of the United States, James R. Clapper, Director of National Intelligence, Admiral
Michael S. Rogers, Director of the National Security Agency (NSA), James B. Comey, Director
of the Federal Bureau of Investigation (FBI), and John O. Brennan, Director of Central
Intelligence, insofar as they are sued in their official capacities, together with defendants NSA,
FBI, the Central Intelligence Agency, and the United States Department of Justice (DOJ).
Pursuant to Federal Rule of Civil Procedure 25(d), Admiral Rogers is automatically substituted
as a party to this action in place of former NSA Director General Keith Alexander.

3.

The Government Defendants require a one-week extension of this deadline, until

May 9, 2014, due to the press of business associated with multiple deadlines in other litigation
challenging the lawfulness of the NSA’s bulk telephony metadata program.
4.

The deadline for the Government Defendants to file their opposition to Plaintiffs’

Motion for Partial Summary Judgment has not previously been extended.
5.

Pursuant to Local Rule 7(m), undersigned counsel conferred by electronic mail

with counsel for Plaintiffs, and was advised that Plaintiffs object to the relief requested herein.
The requested relief, however, will not prejudice Plaintiffs or unduly delay these proceedings.

For the reasons stated above, the Government Defendants’ request for an extension of
time until May 9, 2014, to file their opposition to Plaintiffs’ Motion for Partial Summary
Judgment should be granted.

Dated: May 1, 2014
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
JOSEPH H. HUNT
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Branch Director

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/s/ James J. Gilligan
JAMES J. GILLIGAN
Special Litigation Counsel
MARCIA BERMAN
Senior Trial Counsel
BRYAN DEARINGER
Trial Attorney
RODNEY PATTON
Trial Attorney
JULIA BERMAN
Trial Attorney
U.S Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W., Room 6102
Washington, D.C. 20001
Phone: [phone]
Fax: [phone]
Counsel for the Government Defendants

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