KLAYMAN v. OBAMA et al

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)

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.

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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: [phone]
Email: [e-mail]

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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
[phone]
Email: [e-mail]
James R. Whitman
U.S. DEPARTMENT OF JUSTICE
P.O. Box 7146
Washington, DC 20044
[phone]
Fax: [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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