KLAYMAN v. OBAMA et al

Filing 12

MOTION for Extension of Time to File Answer by LOWELL C. MCADAMS (Attachments: # 1 Text of Proposed Order)(Moss, Randolph)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LARRY E. KLAYMAN, CHARLES
STRANGE, and MARY ANNE STRANGE,
on behalf of themselves and all others
similarly situated,
Plaintiffs,
No. 1:13-cv-00851-RJL
v.
BARACK HUSSEIN OBAMA,
ERIC HIMPTON HOLDER, JR.,
KEITH B. ALEXANDER, LOWELL C.
MCADAM, ROGER VINSON,
VERIZON COMMUNICATIONS,
NATIONAL SECURITY AGENCY, and
U.S. DEPARTMENT OF JUSTICE,
Defendants.

EXPEDITED MOTION OF DEFENDANT LOWELL C. MCADAM FOR AN
EXTENSION OF TIME TO RESPOND TO PLAINTIFFS’ AMENDED COMPLAINT
Defendant Lowell C. McAdam, the Chief Executive Officer of Defendant Verizon
Communications Inc.,1 respectfully moves for an extension of time to file a motion to dismiss
Plaintiffs’ Class Action Amended Complaint under Federal Rule of Civil Procedure 12(b) or to
answer the amended complaint. The federal government defendants have indicated that the
deadline for their response to Plaintiffs’ amended complaint is December 2, 2013, and on
October 15, 2013, this Court granted Defendant Verizon Communications Inc.’s motion to

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Defendant McAdam does not reside in in this district and is not alleged to have taken any
action in or affecting this district. Verizon therefore reserves the right to challenge personal
jurisdiction over Defendant McAdam in its response to Plaintiffs’ amended complaint. Verizon
does not, by seeking this extension of time, concede personal jurisdiction over Defendant
McAdam.
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extend its deadline to respond to the amended complaint to December 2, 2013. It now appears
that a copy of Plaintiffs’ amended complaint sent by certified mail to Mr. McAdam was received
at Verizon Communications Inc. on September 30, 2013, but was not forwarded to Mr.
McAdam’s office until today. In the unlikely event that service were treated as having been
effected on September 30, 2013, Mr. McAdam’s response could be due as early as Monday,
October 21, 2013. An extension of time for Mr. McAdam is necessary to align the deadlines for
all of the defendants to respond to the amended complaint.
Pursuant to Local Civil Rule 7(m), undersigned counsel conferred with counsel for
Plaintiffs and counsel for the federal government defendants regarding this motion. Counsel for
the federal government defendants does not oppose the requested extension. Counsel for
Plaintiffs opposes the requested extension. Mr. McAdam has not previously requested or
obtained an extension of time in this matter.
We respectfully request that the Court expedite consideration of this motion.

Dated: October 17, 2013

Respectfully submitted,
/s/ Randolph D. Moss
Randolph D. Moss (D.C. Bar No. 417749)
Brian M. Boynton (D.C. Bar. No. 483187)
WILMER CUTLER PICKERING HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
Tel.: [phone]
Fax: [phone]
[e-mail]
Counsel for Lowell C. McAdam

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CERTIFICATE OF SERVICE
I hereby certify that on October 17, 2013, I filed the foregoing document with the Clerk
of Court for the United States District Court for the District of Columbia using the Court’s
CM/ECF system, which caused notice of the filing to be served upon all counsel of record.

/s/ Randolph D. Moss
Randolph D. Moss

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