KLAYMAN v. OBAMA et al

Filing 29

MOTION for Extension of Time to File Response/Reply to Plaintiffs' Two Preliminary Injunction Motions by KEITH B. ALEXANDER, NATIONAL SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patton, Rodney)

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UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ____________________________________ ) ) LARRY KLAYMAN, et al., ) ) Civil Action No. Plaintiffs, ) 1:13-cv-00851-RJL v. ) ) ) BARACK OBAMA, President of the ) United States, et al., ) Defendants. ) ____________________________________) ) LARRY KLAYMAN, et al., ) ) ) Civil Action No. Plaintiffs, ) 1:13-cv-00881-RJL ) v. ) ) BARACK OBAMA, President of the ) United States, et al., ) Defendants. ) ____________________________________) GOVERNMENT DEFENDANTS’ OUT-OF-TIME MOTION FOR AN EXTENSION OF 41 MINUTES AND 55 MINUTES, RESPECTIVELY IN THE ABOVE-CAPTIONED ACTIONS, TO FILE THEIR COMBINED OPPOSITION TO PLAINTIFFS’ TWO MOTIONS FOR PRELIMINARY INJUNCTIONS Defendants Barack Obama, President of the United States, Eric Holder, Attorney General of the United States, and General Keith B. Alexander, Director of the National Security Agency (NSA), insofar as they are sued in their official capacities, together with defendants NSA and the United States Department of Justice (collectively, the “Government Defendants”), hereby move out of time for a 41 minute and 55 minute extension of time, nunc pro tunc, to file their Opposition to Plaintiffs’ Motions for Preliminary Injunctions in the two above-captioned actions. In support of this motion, the Government Defendants submit the following: 1. This Court held a status conference on October 31, 2013, during which it set the deadline for the Government Defendants to oppose both of Plaintiffs’ preliminary injunction motions (Klayman v. Obama, Civ. Action No. 13-851, Dkt. No. 13 (Klayman I); Klayman v. Obama, Civ. Action No. 13-881, Dkt. No. 10 (Klayman II)). 2. Contrary to Plaintiffs’ assertion in their recent filings that the Government Defendants’ deadline was the close of business on November 11, e.g., Klayman I, Dkt. No. 26, the Court actually set the filing deadline as midnight on November 11. 3. Due to technical difficulties involving the table of authorities in their 65-page brief, the Government Defendants were unable to meet the midnight deadline set by the Court. 4. The Government Defendants filed their brief, with 19 attached exhibits, on the Court’s Electronic Case Filing system 41 minutes after midnight in Klayman I (Dkt. No. 25) and 55 minutes late in Klayman II (Dkt. No. 21). 5. Pursuant to Local Rule 7(m), the Government Defendants conferred with counsel for Plaintiffs regarding the relief they seek in this motion. Plaintiffs’ counsel advised that they do not consent to this motion. For the reasons set forth above, the Government Defendants move out of time for a 41 and 55 minute extension of time, nunc pro tunc, to file their Opposition to Plaintiffs’ Motions for Preliminary Injunctions in the above-captioned actions. 2 Dated: November 13, 2013 Respectfully submitted, STUART F. DELERY Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch ANTHONY J. COPPOLINO Deputy Branch Director /s/ Rodney Patton JAMES J. GILLIGAN Special Litigation Counsel james.gilligan@usdoj.gov MARCIA BERMAN Senior Trial Counsel BRYAN DEARINGER RODNEY PATTON Trial Attorneys U.S Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W., Room 6102 Washington, D.C. 20001 Phone: (202) 305-7919 Fax: (202) 616-8470 Rodney.Patton@usdoj.gov Counsel for the Government Defendants 3

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