Adelman et al v. Boy Scouts of America et al

Filing 232

Unopposed MOTION for Extension of Time to File Response/Reply as to 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition by United States of America. (Kessler, Amanda)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-CV-22236-ASG/GOODMAN
HOWARD ADELMAN AND JUDITH SCLAWY
as Co-Personal Representatives of the
ESTATE OF MICHAEL SCLAWY-ADELMAN,
Plaintiffs,
v.
BOY SCOUTS OF AMERICA;
THE SOUTH FLORIDA COUNCIL INC.,
BOY SCOUTS OF AMERICA; PLANTATION
UNITED METHODIST CHURCH; HOWARD
K. CROMPTON, Individually, and
ANDREW L. SCHMIDT, Individually,
Defendants.
UNITED STATES OF AMERICA’S UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR
JUDICIAL REVIEW OF DENIAL OF TOUHY REQUESTS AND TO COMPEL
APPEARANCE OF NATIONAL PARK SERVICE
EMPLOYEES FOR DEPOSITION (D.E. 217)
The United States of America, by and through the undersigned Assistant United
States Attorney, respectfully moves for a ten (10) day extension of time, up to and
including July 5, 2011, to respond to Plaintiff’s Motion for Judicial Review of Denial of
Touhy Requests [D.E. 217]:
1. On June 2, 2011, Plaintiff filed the instant motion in response to the denial of
its requests for the testimony of employees of the National Park Service (NPS), an
agency of the United States Department of the Interior, in the above-styled matter. [D.E.
217].

2. This Court issued an order [D.E. 218] requiring that the United States respond
to the motion by June 22, 2011.
3. The United States and Plaintiff are currently in talks to resolve this issue
without further judicial intervention, but require more time to conduct same.
4. Therefore, the United States respectfully requests a ten (10) day enlargement
of time, up to and including July 5, 2011, to serve its Response to Plaintiff’s motion [D.E.
217], if the issue cannot be resolved amicably.
5. Undersigned counsel has conferred with counsel for Plaintiff, and he does not
oppose the enlargement of time sought herein.
6. The National Parks Service submits that this Motion is not made for purposes
of undue delay, nor will it prejudice the Plaintiff to grant this Motion for Extension of
Time.
WHEREFORE, for the foregoing reasons, the United States respectfully requests
that its Motion for a ten (10) day extension, up to and including July 5, 2011, be granted.
Date: June 20, 2011
Miami, Florida

Respectfully submitted,

WIFREDO A. FERRER
UNITED STATES ATTORNEY

By:

s/Amanda A. Kessler
AMANDA A. KESSLER
Assistant United States Attorney
Court Assigned No: A5501293
Email: [e-mail]
99 N.E. 4th Street, Suite 326
Miami, Florida 33132
Tel: [phone]
Fax: [phone]
Counsel for United States of America

Of Counsel:
Michael P. Stevens, Esq.
Attorney-Adviser
U.S. Department of the Interior
Office of the Regional Solicitor
75 Spring Street, S.W.
Suite 304
Atlanta, Georgia 30303
[phone], x238

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this June 20, 2011, I electronically filed the
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the
foregoing document is being served this day on all counsel of record or pro se parties
identified on the attached Service List in the manner specified, either via transmission of
Notices of Electronic Filing generated by CM/ECF or in some other authorized manner
for those counsel or parties who are not authorized to receive electronically Notices of
Electronic Filing.
s/AMANDA A. KESSLER
AMANDA A. KESSLER
Assistant United States Attorney

SERVICE LIST
CASE NO. 10-CV-22236-ASG/GOODMAN

IRA H. LEESFIELD
ROBERT D. PELTZ
E-mail: [e-mail]
[e-mail]
LEESFIELD & PARTNERS, P.A.
2350 S. Dixie Highway
Miami, Florida 33133
Telephone: [phone]
Facsimile: 305-854-8266
Attorneys for the Plaintiffs
FREDERICK E. HASTY, III
Email: [e-mail]
WICKER, SMITH, O’HARA, MCCOY, GRAHAM
& FORD, P.A.
2800 Ponce de Leon Blvd.
Suite 800
Coral Gables, Florida 33134
Telephone: [phone]
Facsimile: 305-441-1745
Attorneys for Howard K. Crompton and
Andrew L. Schmid

UBALDO J. PEREZ, JR., P.A.
Email: [e-mail]
Law Office of Ubaldo J. Perez, Jr., Esq.
8181 NW 154th Street, Suite 210
Miami Lakes, Florida 33016
Telephone: [phone]
Facsimile: 305-722-8956
Co-Counsel for Howard K. Crompton
WILLIAM S. REESE
WILLIAM SUMMERS
KEVIN D. FRANZ
Email: [e-mail]
[e-mail]
[e-mail]
LANE, REESE, SUMMERS, ENNIS &
PERDOMO, P.A.
2600 Douglas Road
Douglas Centre, Suite 304
Coral Gables, Florida 33134
Telephone: [phone]
Facsimile: 305-444-5504
Attorneys for Boys Scouts of America and
The South Florida Council, Inc.; Boy Scouts
of America
GREG M. GAEBE
Email: [e-mail]
GAEBE, MULLEN, ANTONELLI & DIMATTEO
420 South Dixie Highway, 3rd Floor
Coral Gables, FL 33146
305-667-0223
305-284-9844 – Fax
Attorneys for Plantation United Methodist
Church
HORACE CLARK
Email: [e-mail]
MICHAEL STEVENS
Email: [e-mail]
U.S. Department of the Interior
Office of the Regional Solicitor
Southeast Region
75 Spring Street, S.W., Suite 304
Atlanta, GA 30303
Of Counsel for U.S. Department of the Interior, National Parks Service