State Of New York et al v. Mnuchin et al

Filing 48

LETTER MOTION for Extension of Time to File Response/Reply and Opposition to the States' Cross-Motion for Summary Judgment addressed to Judge J. Paul Oetken from AUSA Jean-David Barnea dated 12/20/18. Document filed by David J Kautter, Steven T. Mnuchin, United States Department of Treasury, United States Internal Revenue Service, United States Of America.(Barnea, Jean-David)

U.S. Department of Justice

[Type text]

United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

December 20, 2018
BY ECF
The Honorable J. Paul Oetken
United States District Judge
United States Courthouse
40 Foley Square
New York, NY 10007
Re:

State of New York, et al. v. Mnuchin et al., No. 18 Civ. 6427 (JPO)

Dear Judge Oetken:
This Office represents Treasury Secretary Steven Mnuchin, in his official capacity; the
U.S. Department of the Treasury; Commissioner of Internal Revenue Charles P. Rettig, in his
official capacity; the Internal Revenue Service; and the United States of America (together, the
“Government”), the defendants in the above-referenced action. The Government moved to
dismiss the complaint in this case on November 2, and the plaintiff states (the “States”) opposed
the motion and cross-moved for summary judgment on December 14. We write respectfully to
request a two-week extension for its upcoming brief, from the schedule set by the Court in its
order of September 6, 2018. ECF No. 39. This extension is requested due to the vacation
schedules of the counsel for the Government over the holidays (Ms. Tinio will be out of the
office from December 22 to January 2, and I will be out from December 26 until January 8) and
the need to coordinate the Government’s filing with other agencies and personnel, many of
whom will also be unavailable over the holidays. This is the Government’s first request for an
extension of time to file its brief in opposition to the States’ cross-motion and reply in support of
its motion to dismiss. The Government respectfully proposes that it file its brief on January 31,
2019. The States have not proposed a new due date for their reply brief in support of their crossmotion, but the Government would, of course, consent to a corresponding extension of their
reply deadline.
The States’ position on this request is as follows: The States oppose the Government’s
request for an extension of time, given that the parties negotiated, and the Court approved, a
global briefing schedule that already significantly extended the default deadlines, including a 45day extension for the Government’s response to the Complaint. ECF Nos. 38 & 39. The States
adhered to that negotiated schedule and filed their opposition to the motion to dismiss and crossmotion for summary judgment in 42 days. It would be inequitable to permit the Government to
depart from the negotiated schedule now and take 48 days to file its reply and opposition.

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We thank the Court for its consideration of this request.
Respectfully,
GEOFFREY S. BERMAN
United States Attorney
By: __s/Jean-David Barnea____________
JEAN-DAVID BARNEA
REBECCA S. TINIO
Assistant United States Attorneys
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counsel for plaintiffs (by ECF)