Gohmert et al v. Pence

Filing 26

Unopposed MOTION for Extension of Time to File Plaintiff's Reply Brief by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. (Sessions, William)

Case 6:20-cv-00660-JDK Document 26 Filed 01/01/21 Page 1 of 4 PageID #: 323

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 MATT ER)

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

UNO PPO S E D PL AINT IFFS ’ MO T IO N TO FIL E
RE S PO NS IVE B RIE F L AT E
Come now the Plaintiffs, U.S. Rep. Louie Gohmert (TX-1), 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, and request that this Court allow Plaintiffs to file their responsive brief one hour late. In
support thereof, Plaintiffs state:
Plaintiffs have employed a team of lawyers to prepare their responsive brief. During the
course of preparation, Plaintiffs’ counsel have encountered numerous technical incompatibilities
in the software versions between Google Docs and Microsoft Word resulting in editing
difficulties and text problems.

Case 6:20-cv-00660-JDK Document 26 Filed 01/01/21 Page 2 of 4 PageID #: 324

WHEREFORE, Plaintiffs request an extension of one hour of the deadline for filing their
responsive brief.
Dated: January 1, 2021

Respectfully submitted,

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]

/s/ William L. Sessions
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]

Lawrence J. Joseph
DC Bar No. 464777
Law Office of Lawrence J. Joseph
1250 Connecticut Ave, NW, Suite 700-1A
Washington, DC 20036
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: [e-mail]
Email: [e-mail]
Counsel for Plaintiffs

Plaintiffs’ Unopposed Motion to File Brief Late - 2

Case 6:20-cv-00660-JDK Document 26 Filed 01/01/21 Page 3 of 4 PageID #: 325

CERTIFICATE OF CONFERENCE
I hereby 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. John Coghlan from the Civil Division of the United States Department of Justice
in Washington, D.C. The contents of the foregoing Motion and the Defendant’s position on same
were discussed. Defendant’s counsel indicated that Defendant does not oppose the Motion
Dated: January 1, 2021

/s/ William L. Sessions
William Lewis Sessions
Counsel for Plaintiffs

Plaintiffs’ Unopposed Motion to File Brief Late - 3

Case 6:20-cv-00660-JDK Document 26 Filed 01/01/21 Page 4 of 4 PageID #: 326

CERTIFICATE OF SERVICE
I hereby certify that on this date, I electronically filed the foregoing motion (together with
its accompanying memorandum of law and proposed order) with the Clerk of the Court using the
CM/ECF system. In addition, because counsel for the defendant has not yet filed an appearance, I
served one true and correct copy via Federal Express, next-day delivery, on the defendant and on
the United States Attorney for the Eastern District of Texas at the following addresses:
Gregory F. Jacob
Counsel to the Vice President
Office of the Vice President
Eisenhower Executive Office Building
Washington, DC 20501
Email: [e-mail]

Stephen J. Cox
United States Attorney
350 Magnolia Ave., Suite 150
Beaumont, Texas 77701
Tel. [phone]
Fax: [phone]
Email: [e-mail]

Dated: January 1, 2020

__/s/ William Lewis Sesions________
William Lewis Sessions
Counsel for Plaintiffs

Plaintiffs’ Unopposed Motion to File Brief Late - 4