WOODHULL FREEDOM FOUNDATION et al v. UNITED STATES OF AMERICA et al

Filing 14

First MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Preliminary Injunction by JEFFERSON B. SESSIONS, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Cohen, Jason)

Case 1:18-cv-01552-RJL Document 14 Filed 07/05/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
WOODHULL FREEDOM FOUNDATION,
et al.,

)
)
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Plaintiffs,
)
)
vs.
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UNITED STATES OF AMERICA and
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JEFFERSON B. SESSIONS, in his official
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capacity as ATTORNEY GENERAL OF THE
)
UNITED STATES,
)
)
Defendants.
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_________________________________________ )

Civil Action No. 18-01552 (RJL)

DEFENDANTS’ FIRST MOTION FOR EXTENSION OF TIME TO FILE
OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
Defendants, by and through undersigned counsel, move pursuant to Federal Rule of Civil
Procedure 6(b)(1) for an enlargement of time of two weeks, until July 20, 2018, to file an
opposition to Plaintiffs’ Motion for Preliminary Injunction (ECF No. 5), and as grounds for this
motion, state as follows.
1.

This action for declaratory and injunctive relief challenging the constitutionality

of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”) 1 was
filed by Plaintiffs on June 28, 2018. Concurrent with the filing of the Complaint Plaintiffs filed a
Motion for Preliminary Injunction (ECF No. 5) 2 seeking to enjoin any and all enforcement of
FOSTA during the pendency of this case.

1

FOSTA passed the House of Representatives with a vote of 388-25 on February 27, 2018, and
the Senate with a vote of 97-2 on March 21, 2018. The bill was signed into law on April 11,
2018.

2

Defendants were not contacted prior to the filing of the Motion for Preliminary Injunction. See
ECF No. 6.

Case 1:18-cv-01552-RJL Document 14 Filed 07/05/18 Page 2 of 3

2.

The United States Attorney’s Office was served with the Complaint and Motion

for Preliminary Injunction on Friday, June 29, 2018, and undersigned counsel received copies on
Monday, July 2, 2018. Pursuant to Local Civil Rule 65.1, Defendants’ current deadline to file an
opposition to the Motion for Preliminary Injunction is Friday, July 6, 2018.
3.

Defendants are currently in the process of reviewing and investigating Plaintiffs’

claims and formulating an appropriate response. Additional time is needed in part because
agency counsel from the Department of Justice, Criminal Division, Child Exploitation and
Obscenity Section was on a pre-arranged trip this entire week and will not return to the office
until July 9, 2018. Further, undersigned counsel has a pre-arranged trip July 13-15, 2018, as well
as motions for summary judgment in other matters currently due on July 11, 16, and 20, 2018.
4.

Pursuant to Local Civil Rule 7(m), undersigned counsel contacted Plaintiffs’

counsel about this motion, and the parties have conferred. Plaintiffs’ counsel has indicated that
Plaintiffs are unopposed to an extension of time until July 16, 2018, but oppose a longer
extension.
5.

This is the first request for extension made by Defendants with respect to their

deadline to respond to the motion for preliminary injunction. Plaintiffs claim that they will be
prejudiced by a two week extension because it may not give the Court time to rule prior to
Plaintiff Woodhull’s ninth annual Sexual Freedom Summit, which runs from August 2-5, 2018.
Such concern is unfounded because Plaintiffs have the option of filing their reply as soon as
July 23, 2018, if they so choose. Furthermore, the Motion itself does not cite to or demonstrate
any threatened or imminent prosecution for any acts Plaintiffs claim to plan to undertake, and
Plaintiffs’ professed urgency is undermined by the fact that over 11 weeks elapsed from the
enactment of FOSTA to the filing of the Motion for Preliminary Injunction.

2

Case 1:18-cv-01552-RJL Document 14 Filed 07/05/18 Page 3 of 3

6.

A proposed order is attached.

Dated: July 5, 2018

Respectfully submitted,
JESSIE K. LIU, D.C. Bar #472845
United States Attorney
DANIEL F. VAN HORN, D.C. Bar #924092
Chief, Civil Division
By:

/s/ Jason T. Cohen
JASON T. COHEN, ME Bar #004465
Assistant United States Attorney
Civil Division
555 Fourth St., N.W.
Washington, D.C. 20530
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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