Massachusetts Bay Transportation Authority v. Anderson et al

Filing 39

Emergency MOTION for Extension of Time to 5:00/PT 8:00 ET August 16, 2008 to Complete Discovery Response by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Attachments: # 1 Declaration of Kurt Opsahl, # 2 Text of Proposed Order)(Reinstein, John)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACUSETTS MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Plaintiff, v. ZACK ANDERSON, RJ RYAN, ALESSANDRO CHIESA, AND THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08-11364-GAO

DECLARATION OF KURT OPSAHL IN SUPPORT OF MOTION FOR AN EXTENSION OF TIME TO RESPOND TO AUGUST 14, 2008 DISCOVERY ORDER 1. The Electronic Frontier Foundation ("EFF") represents Defendants

Anderson, Ryan and Chiesa (hereafter "students") in this matter. I am a Senior Staff Attorney with the EFF and a member in good standing of the California State Bar. I have personal knowledge of the matters stated in this declaration. If called upon to do so, I am competent to testify to all matters set forth herein. 2. This declaration is submitted in support of the Motion for an Extension of

Time to Respond to the August 14, 2008 Discovery Order. 3. An extension of the deadline imposed by the Court's August 14, 2008

discovery order is necessary because the students' lead counsel, Jennifer Granick, through no fault of her own, has encountered numerous travel-related complications that have delayed her return to San Francisco and rendered her unable to review the response to the document requests underlying the Court's order.

4.

Ms. Granick's flight is expected to land in San Francisco at approximately

12:00 PT/3:00 ET this afternoon, and she will be unable to review the response in consultation with her colleagues until late afternoon ET today, after the Court-ordered discovery deadline has passed. 5. I emailed Ieuan Mahony at 12:06 PT/3:06 ET this morning to request his

consent to extend the deadline, in response to a message he had sent about 30 minutes before. Mr. Mahony has not responded. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct to the best of my knowledge and belief. Executed August 15, 2008 in San Francisco, California.

/s/ Kurt Opsahl______ Kurt Opsahl

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