Filing 60

MOTION for Extension of Time to Certify Class Action by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE (Attachments: # 1 Text of Proposed Order)(Klayman, Larry)

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IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LARRY KLAYMAN, et. al Plaintiffs, v. BARACK HUSSEIN OBAMA II, et. al Civil Action No. 13-cv- 851 RJL Defendants. MOTION FOR EXTENSION OF TIME TO CERTIFY CLASS ACTION Plaintiffs hereby move this court for an extension of time of thirty (30) days to file a motion moving for class certification in the above styled lawsuit and as grounds therefor would show: 1. Plaintiffs filed suit challenging on Constitutional grounds the legality of Defendants’ participation and conduct in a secret and illicit government scheme to intercept and analyze vast quantities of domestic telephonic communications. 2. On December 16, 2013, this Court granted Plaintiffs' preliminary injunction against the government defendants, finding that the NSA's tracking of telephony metadata likely violates the Fourth Amendment of the Constitution. 3. In light of this Court's order of December 16, 2013, and because the vast number of additional Americans who have likely had their constitutional rights violated, a class action lawsuit might be appropriate in order ensure that the issue is decided for all those involved and to avoid the wasting of judicial resources with duplicative lawsuits. 1 4. The Court has not as of yet ruled on Plaintiffs' previous motions for extensions of time to file a class action lawsuit. 5. A short extension of thirty days during this holiday season will allow the Plaintiff to gather the information needed to prepare and file a motion to certify this lawsuit as a class action and will extend the deadline to past the holiday season, during which time Plaintiffs' small law practice is short staffed. 6. No prejudice will result to either party. 7. Defendants do not consent to this motion. WHEREFORE, Plaintiffs respectfully move for an additional thirty (30) days to move for certification of a class action in the above styled lawsuit or by January 16, 2014. Dated: December 17, 2013 Respectfully submitted, /s/ Larry Klayman Larry Klayman, Esq. Attorney at Law D.C. Bar No. 334581 2020 Pennsylvania Ave. NW, Suite 800 Washington, DC 20006 Tel: (310) 595-0800 Email: leklayman@gmail.com 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 17th day of December, 2013 a true and correct copy of the foregoing Motion for Extension of Time to Certify Class Action (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 J. Gilligan Special Litigation Counsel Civil Division, Federal Programs Branch U.S. Department of Justice P.O. Box 883 Washington, D.C. 20044 (202) 514-3358 Email: James.Gilligan@usdoj.gov James R. Whitman U.S. DEPARTMENT OF JUSTICE P.O. Box 7146 Washington, DC 20044 (202) 616-4169 Fax: 202-616-4314 Email: james.whitman@usdoj.gov Randolph D. Moss WILMER CUTLER PICKERING HALE & DORR LLP 1875 Pennsylvania Avenue, NW Washington, DC 20006 (202) 663-6640 Fax: (202) 663-6363 Email: randolph.moss@wilmerhale.com 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: (310) 595-0800 3

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