Gohmert et al v. Pence

Filing 23

Unopposed MOTION for Leave to File Excess Pages for Plaintiffs' Response to Defendants' and Intervenors' Briefs In Opposition by Louie Gohmert, Jake Hoffman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sessions, William)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRCT OF TEXAS
TYLER DIVISION

LOUIS GOHMERT, TYLER BOWYER, NANCY
COTTLE, JAKE HOFFMAN, ANTHONY KERN,
JAMES R. LAMON, SAM MOORHEAD,
ROBERT MONTGOMERY, LORAINE
PELLLEGRINO, GREG SAFSTEN, KELLI WARD
and MICHAEL WARD,

Civil Action No. 6:20-cv-00660-JDK

Plaintiffs,

(ELECTION MATTER)

v.
THE HONORABLE MICHAEL R. PENCE, VICE
PRESIDENT OF THE UNITED STATES, in his
official capacity.
Defendant.

PLAINTIFFS' UNOPPOSED MOTION TO EXCEED PAGE
LIMITS FOR PLAINTIFFS' RESPONSE DEFENDANT'S AND
INTERVENORS' BRIEFS IN OPPOSITION
Come now the Plaintiffs, U.S. Rep. Louie Gohmert (TX-I), Tyler Bowyer, Nancy Cottle,
Jake Hoffman, Anthony Kern, James R. Lamon, Sam Moorhead, Robert Montgomery, Loraine
Pellegrino, Greg Safsten, Kelli Ward, and Michael Ward, by and through their undersigned
counsel. Plaintiffs request that this Court allow Plaintiffs to file a brief in response to the briefs to
be filed by the Defendant and any Intervenors and amicus curiae briefs in opposition to Plaintiffs'
Emergency Motion for Expedited Declaratory Judgment and Emergency Injunctive Relief that
exceeds the 10-page limit established by L.R. CV-7.l(a)(l) for good cause shown in light of the
important nature of this elections case and the constitutional issues raised therein. In support
thereof, Plaintiffs state:

Case No. 6:20-cv-00660- JDK - Unopposed Motion to Exceed Page Limits for Plaintiffs Reply Brief

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1. Defendant's and Intervenors' responses, motions and briefs are 64 pages in length.
2.

The legal issues raised in the Defendant's, Intervenors, and Amicus Curiae

responses are numerous and distinct and require the discussion of multiple factors, along with an
application of the complex Constitutional, substantive, and procedural law to the undisputed facts
in this case. Plaintiffs require additional pages to adequately respond to these arguments.
3. Plaintiffs request permission to file a brief of fifty (50) pages.
WHEREFORE, due to the important nature of this case and the legal questions presented,
Plaintiffs' request to extend the page length to fifty (50) pages is warranted and reasonable in this
case.
Dated: December 31, 2020

Howard Kleinhendler
Howard Kleinhendler Esquire
NY Bar No. 2657120
369 Lexington Ave., 12th Floor
New York, New York 10017
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Lawrence J. Joseph
DC Bar No. 464777
Law Office of Lawrence J. Joseph
1250 Connecticut Ave, NW, Suite 700-IA
Washington, DC 20036
Tel: [phone]
Fax: [phone]
Email : lj [e-mail]

Respectfully submitted,

~ !,~.___
::'
William Lewis Sessions
Texas Bar No . 18041500
Sessions & Associates, PLLC
14591 North Dallas Parkway, Suite 400
Dallas, TX 75254
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Julia Z. Haller
DC Bar No. 466921
Brandon Johnson
DC Bar No. 491370
Defending the Republic
601 Pennsylvania Ave., NW
Suite 900
South Building
Washington, DC 20004
Tel: [phone]
Fax: [phone]
Email: halle1j [e-mail]
Email: [e-mail]

COUNSEL FOR PLAINTIFFS
Case No . 6:20 -cv-00660- JDK - Motion to Exceed Page Limits for Plaintiffs Reply Brief

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CERTIFICATE OF CONFERENCE
I certify that as counsel for Plaintiffs, I have complied with the meet and confer requirement
in Local Rule CV-7(h) in the following respects: I have personally contacted and spoken with Mr.
Jolm Coghlan, Deputy Assistant Attorney General from the Civil Division of the United States
Department of Justice in Washington, D.C. whom I understand has authority to respond for
Defendant Pence. Mr. Coghlan and I briefly discussed the substance of Plaintiffs' request and was
told that Defendant does not oppose the motion.
Dated: December 31, 2020

~ t~~.~,,___
. _
William Lewis Sessions
Counsel for Plaintiffs

Case No. 6:20-cv-00660- JDK - Motion to Exceed Page Limits for Plaintiffs Reply Brief

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CERTIFICATE OF SERVICE
I certify that on the date specified below, I electronically filed the foregoing motion
(together with its accompanying proposed order) with the Clerk of the Comi using the CM/ECF
system and caused persons who have appeared of record and the following persons to be served
by electronic mail as follows:
Gregory F. Jacob
Counsel to the Vice President
Office of the Vice President
Eisenhower Executive Office Building
Washington, DC 20501
E-mail: [e-mail]

Stephen J. Cox
United States Attorney
350 Magnolia Ave., Suite 150
Beaumont, Texas 77701
E-mail: stephen. j [e-mail]

Christopher Healy
U.S. Department of Justice, Civil Division,
Federal Programs Branch
1100 L St. NW I Washington, DC 20005
E-mail: [e-mail]

Douglas N. Letter
General Counsel
Office of General Counsel
U.S. House of Representatives
219 Cannon House Office Building
Washington, DC 20515
E-mail: [e-mail]

Alan Hamilton Kennedy
1975 N Grant St Unit 421, Denver, CO 80203
Email: [e-mail]

Dated: December 31, 2020
William Lewis Sessions
Counsel for Plaintiffs

Case No. 6:20-cv-00660- JDK - Unopposed Motion to Exceed Page Limits for Plaintiffs Reply Brief

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