KLAYMAN v. OBAMA et al
Filing
86
NOTICE Praecipe by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 -- Reply filed by the Government Defendants)(Klayman, Larry)
Exhibit 1
USCA Case #14-5005
Document #1481520
Filed: 02/25/2014
Page 1 of 4
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Larry Elliott Klayman, et al.,
Appellees-Cross-Appellants,
v.
Nos. 14-5004, 14-5005,
14-5016, 14-5017
Barack Hussein Obama, et al.,
Appellants-Cross-Appellees.
REPLY IN SUPPORT OF MOTION FOR EXTENSION
OF TIME TO FILE DISPOSITIVE MOTIONS
The government has moved for an extension of time to file
dispositive motions in this case. As the government’s motion explained,
the intelligence-gathering program the district court preliminarily enjoined
has been significantly changed. An extension of time is warranted to give
the government sufficient opportunity to assess whether a dispositive
motion would be appropriate in light of the changes to the program.
Plaintiffs, in opposing the motion, miss the point when they contend
that the government “has the means” (Opp. 3) to file a dispositive motion
USCA Case #14-5005
Document #1481520
Filed: 02/25/2014
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by an earlier date. As the motion explained, the President has announced,
and the Foreign Intelligence Surveillance Court has adopted, significant
changes to the program, and further developments may include additional
changes. An extension is warranted to permit the government to assess
whether filing a motion would be appropriate in light of the most current
information about the program.
Plaintiffs also say that the government “lied” in stating that plaintiffs
are no longer pursuing their statutory claims in district court. Opp. 2.
Plaintiffs do not explain why they believe that statement is inaccurate and
do not contradict the government’s assertion with any specific facts. In any
event, as the district court record makes clear, the government’s assertion is
accurate. See No. 13cv851, Dkt. 77, ¶¶ 38-58 (amended complaint asserting
only constitutional claims); No. 13cv881, Dkt. 55 Ex. 1 ¶¶ 48-68 (proposed
amended complaint asserting only constitutional claims); Dkt. 55, at 3
(motion to file an amended complaint asserting that the proposed amended
complaint “removes the cause of action under the [Administrative
Procedure Act]”).
2
USCA Case #14-5005
Document #1481520
Filed: 02/25/2014
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For these reasons, and others explained in the government’s motion,
the Court should extend the deadline for filing dispositive motions from
February 27, 2014, to and including April 28, 2014.
Respectfully submitted,
Douglas N. Letter
(202) 514-3602
H. Thomas Byron III
(202) 616-5367
FEBRUARY 2014
/s/ Henry C. Whitaker
Henry C. Whitaker
(202) 514-3180
Attorneys, Appellate Staff
Civil Division
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Room 7256
Washington, D.C. 20530
3
USCA Case #14-5005
Document #1481520
Filed: 02/25/2014
Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on February 25, 2014, I electronically filed the
foregoing with the Clerk of the Court by using the appellate CM/ECF
system.
I certify that the participants in the case are registered CM/ECF users
and that service will be accomplished by the appellate CM/ECF system.
/s/ Henry C. Whitaker
Henry C. Whitaker
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