NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA
Filing
57
MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (Field, Brian)
Case 1:16-cv-00745-ESH Document 57 Filed 09/13/17 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATIONAL VETERANS LEGAL
SERVICES, et al.,
Plaintiffs,
Civil Action No. 16-745 (ESH)
v.
UNITED STATES OF AMERICA
Defendant.
OPPOSED MOTION FOR EXTENSION OF TIME
Defendant hereby moves, pursuant to Federal Rule of Civil Procedure 6, for an extension
of time in which to respond to Plaintiffs’ Motion For Summary Judgment as to Liability, up to and
including November 19, 2017. This is Defendant’s first request for an extension of its deadline
to respond to Plaintiff’s Motion.
Counsel for Plaintiffs has informed the undersigned that
Plaintiffs oppose the relief requested in this Motion, stating that “you may inform the court that
the plaintiffs consent to a 30-day extension, up to an including October 18, but oppose a longer
extension.”
Good cause exists to grant the relief requested:
1.
Plaintiffs filed their Complaint in this matter on April 21, 2016. See ECF No. 1.
2.
On December 5, 2016, the Court denied Defendant’s Motion to Dismiss, see ECF
No. 24, and granted Plaintiffs’ Motion to Certify a Class, see ECF No. 32.
3.
The Court granted Plaintiffs’ Motion for Approval of Revised Plan of Class Notice
and Class Notice Documents on April 17, 2017. See ECF No. 44.
Case 1:16-cv-00745-ESH Document 57 Filed 09/13/17 Page 2 of 4
4.
After receiving one extension of time, Plaintiffs filed their Motion for Summary
Judgment as to Liability on August 28, 2017. See ECF No. 52.
5.
On September 5, 2017, three amici curiae briefs were filed in support of Plaintiffs’
Motion. See ECF Nos. 53, 55–56.
6.
Defendant’s opposition to Plaintiffs’ motion is currently due by September 18,
2017. See Min. Order (July 5, 2017).
7.
Counsel for Defendant have several conflicts and pressing matters that will make it
difficult to respond to Plaintiffs’ motion, and the three amici briefs, by September 18.
Accordingly, Defendant requests that this Court extend their deadline to respond to Plaintiffs’
motion by sixty days.
8.
AUSA Field is currently engaged in extensive discovery, including numerous
depositions over the next two weeks. Additionally, AUSA Field has significant filing deadlines
in several matters over the next month, including several substantial dispositive motions.
Moreover, AUSA Field will be trial beginning on October 16, 2017, and lasting through (at least)
October 20, 2017. In advance of this trial, AUSA Field has extensive pre-trial obligations and
filing deadlines.
9.
AUSA Nebeker is also unable to complete the needed response before mid-
November due to his responsibilities in several other matters. He currently has three cases coming
to the end of discovery and has had no fewer than five dispositive motions to complete since the
time that Plaintiffs filed their Motion For Summary Judgment. AUSA Nebeker also has at least
four other dispositive motions due before the end of October.
10.
Additionally, agency counsel is currently scheduled to be out of the office traveling
for several depositions over the next weeks, making it difficult for the undersigned to work with
Case 1:16-cv-00745-ESH Document 57 Filed 09/13/17 Page 3 of 4
agency counsel to complete a response to Plaintiff’s Motion before the requested deadline of
November 19.
11.
Given that the papers filed by plaintiffs on August 28, 2017, and those of Amici are
over 350 pages, Defendant believes that this additional time to brief summary judgment on liability
is appropriate.
For the foregoing reasons, the Defendant requests that the Court enter the relief requested
in this Motion. A proposed order accompanies this motion.
September 13, 2017
Respectfully submitted,
CHANNING D. PHILLIPS
D.C. Bar #415793
United States Attorney
DANIEL F. VAN HORN
D.C. BAR # 924092
Chief, Civil Division
By:
/s/ Brian J. Field
W. MARK NEBEKER, DC Bar #396739
BRIAN J. FIELD, D.C. BAR #985577
Assistant United States Attorney
555 4th Street, N.W.
Washington, D.C. 20530
Tel: (202) 252-2551
E-mail: Brian.Field@usdoj.gov
Case 1:16-cv-00745-ESH Document 57 Filed 09/13/17 Page 4 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATIONAL VETERANS LEGAL
SERVICES, et al.,
Plaintiffs,
Civil Action No. 16-745 (ESH)
v.
UNITED STATES OF AMERICA
Defendant.
[PROPOSED] ORDER
Upon consideration of Defendant’s Opposed Motion for Extension of Time, and the entire
record herein, it is hereby
ORDERED that Defendant’s Opposed Motion for Extension of Time be and is
GRANTED; and it is further
FURTHER ORDERED that Defendant shall file its response to Plaintiffs’ Motion for
Summary Judgment as to Liability by November 19, 2017.
Date
United States District Judge
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