NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA

Filing 69

Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Summary Judgment as to Liability by UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order)(Nebeker, William)

Case 1:16-cv-00745-ESH Document 69 Filed 10/30/17 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATIONAL VETERANS LEGAL
SERVICES PROGRAM, et al.,

)
)
)
Plaintiffs,
)
)
v.
) Civil Action No. 16-745 ESH
)
UNITED STATES OF AMERICA,
)
)
Defendant.
)
)
____________________________________)
UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME,
AND MEMORANDUM IN SUPPORT THEREOF
Defendant hereby moves, pursuant to Fed. R. Civ. P. 6(b)(1), for an enlargement of time
to respond to Plaintiffs’ Motion For Summary Judgment As To Liability up to and including
November 17, 2017. Counsel for Plaintiffs, Deepak Gupta, Esq., has indicated that Plaintiffs do
not oppose this enlargement of time, but asks that, to avoid the need to expend time on the reply
over the Thanksgiving Holiday, Plaintiffs’ date to respond to Defendant’s filing be enlarged as
well. Defendant joins in this request.
Good cause exists for this enlargement of time. Assistant United States Attorney
(“AUSA”) Brian Field was out of the office unexpectedly for the majority this past week due to
an extended medical emergency that required his hospitalization. He has returned to the office,
but on a limited schedule for this week. Before this absence, he and AUSA W. Mark Nebeker
were working with agency counsel to complete the summary judgment related filings.
However, for several reasons, AUSA Nebeker been unable to handle the entirety of this matter
during AUSA Field’s absence. For instance a motion for preliminary injunction was filed last

Case 1:16-cv-00745-ESH Document 69 Filed 10/30/17 Page 2 of 3

week in another of AUSA Nebeker’s cases which must also be opposed on November 2, 2017;
Mr. Nebeker must take a deposition in yet another case on November 1, 2017, and he currently
has an appellate brief due in early November. Finally, he has personal obligations to a close
family member suffering from a serious medical condition. In order to allow Defendant to
complete the process of drafting its summary judgment filings, Defendant requests that the Court
extend its deadline to November 17, 2017, and also allow an added week for Plaintiffs to file
their reply beyond the eleven days earlier allowed, making their response to Defendant’s filing
due on December 5, 2017.
For the foregoing reasons, the Defendant requests that the Court enter the relief requested
in this Motion. A proposed order accompanies this motion.
Respectfully submitted,
JESSIE K. LIU, DC Bar #472845
United States Attorney
DANIEL F. VAN HORN, DC Bar #924092
Chief, Civil Division
By:

/s/
W. MARK NEBEKER, DC Bar #396739
Assistant United States Attorney

-2-

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that service of the foregoing Unopposed Motion For An
Enlargement Of Time, And Memorandum In Support Thereof, and a proposed Order has been
made through the Court’s electronic transmission facilities on this 30th day of October, 2017.

/s/
W. MARK NEBEKER, DC Bar #396739
Assistant United States Attorney
555 4th Street, N.W.
Washington, DC 20530
[phone]
[e-mail]