Adelman et al v. Boy Scouts of America et al

Filing 253

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 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 fourteen (14) day extension of time, up to and
including August 2, 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. On June 20, 2011, the United States sought a ten (10) day enlargement of time,
up to an including July 5, 2011, in which to respond to Plaintiff’s motion, which the
Court granted.
4. On July 5, 2011, the undersigned filed another motion for extension of time,
requesting an additional fourteen (14) days to respond to Plaintiff’s motion, up to and
including July 19, 2011. At that time, the United States represented to the Court that the
United States and Plaintiff had reached an agreement regarding the information Plaintiff
requested in the Motion; however, the parties needed additional time to finalize the
details.
5. Since that time, the Plaintiff and the United States have continued to work
together to reach an agreement and to draft a proposed order for the Court to enter, which
Plaintiff requested in lieu of withdrawing its Motion to Compel. Counsel for the United
States, however, was unexpectedly out of the district for a family emergency from July 2,
2011, through July 10, 2011. In addition, counsel for Plaintiff notified the undersigned
on Friday, July 15, 2011, that he would be out-of-town the week of July 18, 2011.
Plaintiff and the United States did not have an opportunity to finalize the proposed order
for the Court before Plaintiff’s counsel went out-of-town.
6. The United States has agreed to provide the deposition testimony of four
National Park Service employees, and Plaintiff and the United States have agreed over
the telephone to the deposition topics for each deponent. Moreover, the United States has
agreed to provide, and the Plaintiff is willing to accept, an affidavit regarding a sign at the

beginning of the trail at Big Cypress National Preserve on May 9, 2009. Between the
depositions and the affidavit, all of the testimony requested in Plaintiff’s Motion to
Compel will be addressed.
7.

Furthermore, on July 8, 2011, Defendants sent a letter to the undersigned

requesting depositions of National Park Service employees. Although the United States
maintains that Defendant has not complied with the requirements of Touhy, and
Defendant has not yet sought to compel testimony from employees of the United States,
the United States would prefer to resolve all issues pertaining to the depositions with both
Plaintiff and Defendant in an effort to avoid unnecessary litigation and duplicative
depositions.
8.

Accordingly, the United States respectfully requests a fourteen (14) day

enlargement of time, up to and including August 2, 2011, to serve its Response to
Plaintiff’s motion [D.E. 217]. The United States anticipates filing a joint motion with the
Plaintiff requesting the Court enter a proposed order prior to August 2, 2011, but will file
either the joint motion or a response no later than August 2, 2011.
9.

The United States 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.
Moreover, the United States is mindful of the Court’s previous order, which stated
“[b]arring unexpected developments of an emergency nature this already-extended
deadline will not be extended again.” [D.E. #242]. The United States will make every
effort to ensure this matter is resolved in a timely fashion.
10.

The undersigned was not able to confer with counsel for Plaintiff prior to

filing this Motion because he is out-of-town. The undersigned did try to reach plaintiff’s

counsel by telephone on Friday, July 15, 2011, but was unable to speak with him before
he went out-of-town.
WHEREFORE, for the foregoing reasons, the United States respectfully requests
that its Motion for a fourteen (14) day extension, up to and including August 2, 2011, be
granted.

Date: July 19, 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 July 19, 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