KLAYMAN v. OBAMA et al
Filing
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MOTION for Extension of Time to Certify Class Action by LARRY E. KLAYMAN (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. The order, issued and
signed by Judge Roger Vinson of the Foreign Intelligence Surveillance Act ("FISA")
Court, blatantly violates the fundamental rights guaranteed by First, Fourth, and Fifth
Amendments to the U.S. Constitution as well as federal laws, including, but not limited
to, the outrageous breach of privacy, freedom of speech, freedom of association, and the
due process rights of American citizens. This outrageous and unconstitutional action by
the government has violated the rights of millions --if not tens of millions-- of American
citizens.
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2. Because the vast number of people who have had their constitutional rights violated, a
class action lawsuit would 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.
3. Due to the secretive nature of the FISA Court, new information is coming to light on a
weekly basis that shows, among other things, how the National Security Agency has been
lying to this Court and the American public about what information is being gathered and
monitored and the extent to which the American people are being spied upon by their
own government.
4. Because of all the uncertainty and the new information that has come to light the
Plaintiffs are still in the process of preparing to move for class certification. Plaintiffs are
also in the process of ensuring that all the Defendants, have been served so that this
lawsuit may proceed.
5. In addition, Plaintiff Larry Klayman has been traveling out of his office extensively and
will not be returning to his office in the next two weeks.
6. A short extension of thirty days will allow the Plaintiff to gather the information needed
to prepare and file a motion to certify this lawsuit as a class action.
7. No prejudice will result to the Defendants, as they have yet to file responsive pleadings.
8. Plaintiff's counsel contacted the government defendants' counsel to seek consent for this
motion. Defendant has not as of yet granted consent. If he does consent we will
expeditiously advise the Court.
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 October 30, 2013.
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Dated: September 30, 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
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30th day of September, 2012 a true and correct copy of the
foregoing Notice of Appeal (Civil Action No. 13-cv- 851) was submitted electronically to the
District Court for the District of Columbia and served via courier, electronic mail, or U.S. mail
upon the following:
Via electronic service:
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
Attorney 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
Email: leklayman@gmail.com
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