KLAYMAN v. OBAMA et al

Filing 26

Unopposed MOTION For Leave To File Reply Brief With Extended Pages And A Supplemental Declaration by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 -- Supplemental Declaration of Professor Edward Felton, # 2 Text of Proposed Order)(Klayman, Larry)

IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LARRY KLAYMAN, et. al
Plaintiffs,
v.
BARACK HUSSEIN OBAMA II, et. al

Defendants.

Civil Action No. 13-CV-851

PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE REPLY BRIEF WITH
EXTENDED PAGES AND A SUPPLEMENTAL DECLARATION

Plaintiffs, Larry Klayman and Charlie and Mary Ann Strange, hereby move this Court for
the enlargement of the page limitation for their reply brief in support of their motion for
preliminary injunction, and for leave of court to file the supplemental declaration of Dr. Edward
Felton, and as grounds therefor would show:

1. On October 28, 2013 the Plaintiffs filed a Motion for Preliminary Injunction in the above
styled lawsuit.
2. The Government Defendants requested and, with Plaintiffs' consent, received leave of
this Court to extend the number of pages in their opposition to Plaintiffs' motion from 45
to 65 pages, that they filed almost an hour after midnight on November 12, 2013 and was
late.1

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The Plaintiffs awaited the filing of the Government Defendants' opposition which they thought
would be filed at the close of business on November 11th. The Government Defendants filed
their opposition after midnight on the 12th, ensuring that the Plaintiffs had gone home for the
evening so that the Plaintiffs would not be able to review the opposition in the evening and thus
limiting their time to respond.
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3. An increase in the page limitations of the reply brief from 25 pages to 50 pages would
allow Plaintiffs to have the additional room necessary to address the Government
Defendants' lengthy Opposition. Defendant agreed to this when Plaintiffs consented to 65
pages for their brief.
4. Additionally, Plaintiffs relied on the Declaration of Dr. Edward Felton, that this Court
granted leave to file on November 6, 2013. Since that time, Dr. Felton has released a
supplemental declaration that Plaintiffs would also respectfully request to file with their
reply brief, which already was served on Defendants in a related case, ACLU v. Clapper,
No. 13-cv-03994 (S.D.N.Y.). Plaintiffs are attaching this declaration to supplement the
record and request leave of Court to file it. Exhibit 1.
5. Pursuant to Local Rule 7(m), the Plaintiffs conferred with counsel for the Government
Defendants regarding the relief they seek in this motion. The Government Defendants do
not oppose such an enlargement in the page limit of the Plaintiffs' reply brief. The
Government Defendants similarly do not oppose the filing of the Supplemental
Declaration of Dr. Edward Felton.

WHEREFORE, Plaintiffs respectfully request an enlargement of the page limitations of
their reply brief from 25 pages to 50 pages. Plaintiffs additionally respectfully request leave to
file the supplemental declaration of Dr. Edward Felton.
Dated: November 12, 2013
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
Attorney at Law
D.C. Bar No. 334581
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2020 Pennsylvania Ave. NW, Suite 800
Washington, DC 20006
Tel: [phone]
Email: [e-mail]

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 12th day of November, 2013 a true and correct copy of the
foregoing Plaintiffs' Unopposed Motion For Leave To File Reply Brief With Extended Pages
And A Supplemental Declaration (Civil Action No. 13-cv- 851) was submitted electronically to
the District Court for the District of Columbia and served via CM/ECF upon the following:

James R. Whitman
U.S. DEPARTMENT OF JUSTICE
P.O. Box 7146
Washington, DC 20044
[phone]
Fax: [phone]
Email: [e-mail]
James J. Gilligan
Special Litigation Counsel
Civil Division, Federal Programs Branch
U.S. Department of Justice
P.O. Box 883
Washington, D.C. 20044
[phone]
Email: [e-mail]
Randolph D. Moss
WILMER CUTLER PICKERING HALE & DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
[phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants.
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
D.C. Bar No. 334581
Klayman Law Firm
2020 Pennsylvania Ave. NW, Suite 345
Washington, DC 20006
Tel: [phone]

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