Democratic National Committee v. The Russian Federation et al

Filing 108

MOTION to Adjourn Conference and Suspend the Deadline for Responding to the Complaint. Document filed by Democratic National Committee. (Attachments: #1 Text of Proposed Order)(Sellers, Joseph)

Case 1:18-cv-03501-JGK Document 108 Filed 06/12/18 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------- X
DEMOCRATIC NATIONAL COMMITTEE,
Plaintiff,

Civil Action No. 1:18-cv-03501 (JGK)

v.
THE RUSSIAN FEDERATION et al.,
Defendants.
------------------------------------- X
MOTION TO ADJOURN THE STATUS CONFERENCE AND SUSPEND THE
DEADLINE FOR RESPONDING TO THE COMPLAINT
Plaintiff DNC (“Plaintiff”) respectfully requests that the Court adjourn the status
conference scheduled for July 5, 2018 until September 5, 2018, or such other time as the Court
may prefer, so that more Defendants can attend. Additionally, in the interest of judicial
economy, Plaintiff requests that the Court suspend the deadline to respond to the Complaint, at
least until the status conference, so that the parties can propose—and the Court can consider—a
coordinated schedule for all served Defendants to respond to the Complaint. The represented
Defendants who have been served to date—the Trump Campaign, Trump, Jr. and Stone—do not
oppose this motion.1
Plaintiff filed this case on April 20, 2018 and is working diligently to serve both the
domestic and foreign Defendants. On May 2, 2018, Plaintiffs mailed service waivers to the
Defendants with addresses in the United States: Aras Iskenerovich Agalarov (“Aras Agalarov”),

1

Plaintiffs attempted to contact Defendant George Papadopoulous multiple times to confirm
his pro se status and ask whether he opposes this motion, but have been unable to reach him
at the phone number or email address listed on his waiver of service form.

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Case 1:18-cv-03501-JGK Document 108 Filed 06/12/18 Page 2 of 4

Emin Araz Agalarov (“Emin Agalarov”), Donald J. Trump For President, Inc. (“the Trump
Campaign”), Donald J. Trump, Jr. (“Trump, Jr.”), Paul J. Manafort, Jr. (“Manafort”), Roger J.
Stone, Jr. (“Stone”), Jared C. Kushner (“Kushner”), George Papadopoulos (“Papadopoulos”),
Richard W. Gates, III (“Gates”).2 Only four Defendants (the Trump Campaign, Trump Jr.,
Stone, and Papadopoulos) returned the waivers by the deadline. Plaintiff has commenced service
of the remaining domestic Defendants, but that process is not likely to be completed for at least
several weeks.
Plaintiff is also in the process of serving the Russian Defendants—the Russian Federation
(“Russia”), the General Staff of the Armed Forces of the Russian Federation (“GRU”), and the
GRU operative using the pseudonym “Guccifer 2.0” (“GRU Operative #1”)—pursuant to the
Court’s May 24, 2018 Order. That process will also require at least several weeks to be
accomplished.3
Adjourning the status conference until September 5, 2018 would allow Plaintiff to serve
all, or substantially all, of the Defendants, and should give the Defendants an opportunity to
retain counsel to represent them at the conference.4 And suspending the deadline to respond to
the Complaint would allow the parties to propose a schedule that will permit the coordination of
responses to the Complaint. The coordination of responses to the Complaint and briefing that
may accompany them will foster judicial economy because it will permit the Court and the
parties to address common features of the parties’ positions together.

2

Although Wikileaks has a post office box in this country, it will not accept service at its
domestic address.

3

Efforts are underway to explore service of Wikileaks, Julian Assange, and Josef Mifsud.

4

At least one Defendant (Papadopoulos) is currently appearing pro se.
2

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Case 1:18-cv-03501-JGK Document 108 Filed 06/12/18 Page 3 of 4

Dated: June 12, 2018

Respectfully submitted,

/s/ Joseph M. Sellers
Joseph M. Sellers (admitted Pro Hac Vice)
Geoffrey A. Graber (admitted Pro Hac Vice)
Julia A. Horwitz (admitted Pro Hac Vice)
Alison S. Deich (Pro Hac Vice pending)
Cohen Milstein Sellers & Toll PLLC
1100 New York Ave. NW ● Fifth Floor
Washington, DC 20005
[phone]

Michael Eisenkraft (#6974)
Cohen Milstein Sellers & Toll PLLC
88 Pine St. ● 14th Floor
New York, NY 10005
[phone]

Attorneys for Plaintiff

3
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Case 1:18-cv-03501-JGK Document 108 Filed 06/12/18 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on June 12, 2018, I electronically filed the Motion to Adjourn the
Status Conference and Suspend the Deadline for Responding to the Complaint with the Clerk of
the Court using ECF, which in turn sent notice to all counsel of record.

Dated:

June 12, 2018

/s/ Julia A. Horwitz
Julia A. Horwitz

4
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Case 1:18-cv-03501-JGK Document 108-1 Filed 06/12/18 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
DEMOCRATIC NATIONAL COMMITTEE,
Plaintiff,
v.
THE RUSSIAN FEDERATION et al.,
Defendants.

)
)
) Civil Action No. 1:18-cv-03501-JGK
)
) PROPOSED ORDER
)
)
)
)
)
)

Having reviewed Plaintiff’s Motion to Adjourn the Status Conference and Suspend the
Deadline for Responding to the Complaint, and good cause appearing therefore, the Court hereby
ORDERS as follows:
Plaintiff’s Motion to Adjourn the Status Conference and Suspend the Deadline for
Responding to the Complaint is GRANTED. The status conference currently scheduled for July
5, 2018, is adjourned until September 5, 2018. The deadline to respond to the Complaint is
suspended until the status conference, so that the parties can propose, and the Court can consider,
a coordinated schedule for all served Defendants to respond to the Complaint.
IT IS SO ORDERED.

Dated: ______________, 2018

____________________________
Judge John G. Koeltl
U.S. District Court for the
Southern District of New York