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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?