Gohmert et al v. Pence

Filing 31

Unopposed MOTION for Extension of Time to File Response or Brief to Defendant and Others by MIchele Lundgren. (Attachments: # 1 Text of Proposed Order)(Bundren, Wm.)

Case 6:20-cv-00660-JDK Document 31 Filed 01/01/21 Page 1 of 7 PageID #: 390

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
LOUIE GOHMERT, TYLER BOWYER,
NANCY COTTLE, JAKE HOFFMAN,
ANTHONY KERN, JAMES R. LAMON,
SAM MOORHEAD, ROBERT
MONTGOMERY, LORAINE
PELLEGRINO, GREG SAFSTEN, KELLI
WARD and MICHAEL WARD,
Plaintiffs,

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

INTERVENORS’ MICHELE
LUNDGREN ET.AL.’S
UNOPPOSED MOTION TO
FOR EXTENSION OF TIME

v.
THE HONORABLE MICHAEL R. PENCE,
VICE PRESIDENT OF THE UNITED
STATES, IN HIS OFFICIAL CAPACITY.

(Election Matter)

Defendant,
MICHELE LUNDGREN, MARIAN
SHERIDAN, MESHAWN MADDOCK,
MARI-ANN HENRY, AND
AMY FACCHINELLO, IN THEIR
OFFICIAL CAPACITY AS
PRESIDENTIAL ELECTORS,
REPRESENTING THEIR RESPECTIVE
STATES.
Intervenors.
INTERVENORS’ MICHELE LUNDGREN ET.AL.’S UNOPPOSED
MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE COURT:

Case 6:20-cv-00660-JDK Document 31 Filed 01/01/21 Page 2 of 7 PageID #: 391

Michele Lundgren, Marian Sheridan, Meshawn Maddock Mari-Ann Henry
and Amy Facchinello in their official capacities as Presidential Electors for the State
of Michigan (hereinafter referred to as the “Michigan Electors” or “Intervenors”)
move the Court, to grant Intervenors an extension of time to file their brief which
was due on January 1, 2021 at 9 AM Central standard Time, and say:
I.

INTRODUCTION

The briefing deadline for the filing of briefs in response to Defendant’s brief
-- filed December 31, 2020 and the other briefs of the other parties supporting the
position of Defendant -- was January 1, 2021 at 9 AM, Central Standard Time.
Intervenors may adopt the brief of Plaintiffs with or without any additions and
Intervenors were prepared to immediately review and decide whether or not to adopt
Plaintiffs’ briefing positions and arguments. However, Plaintiffs were unable to
complete their briefing due to technical difficulties and requested an extension of
time from the Court.
Intervenors request an extension of time to file their brief no later than 15
minutes after Plaintiffs file their brief.
For these reasons, Intervenors pray that the Court grant this request for
extension of time.
Respectfully submitted,
By: /s/ Charles Bundren
2

Case 6:20-cv-00660-JDK Document 31 Filed 01/01/21 Page 3 of 7 PageID #: 392

BUNDREN LAW GROUP, PLLC
Wm. Charles Bundren, Esq.
Lead Attorney and Attorney-in Charge
State Bar No. 03343200
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
[phone] Telephone
[phone] Facsimile
e-mail:
[e-mail]
ATTORNEY FOR INTERVENORS:
CERTIFICATE OF ELECTRONIC FILING
The undersigned hereby certifies that this document has been filed by
electronic means through the court's CM/ECF electronic filing system on the date
indicated below.
CERTIFICATE OF SERVICE UNDER LOCAL RULE
Pursuant to LOCAL RULE CV-5 (c)&(d) of the Local Civil Rules of the
United States District Court for the Eastern District of Texas, Notice of Electronic
Filing of this document automatically generated by this Court’s CM/ECF system
constitutes service of this document under Federal Rule of Civil Procedure
5(b)(2)(E) and is sufficient service by serving the parties indicated below.
CERTIFICATE OF SERVICE
This is to certify that on this 1st day of January 2020 a true and correct copy
of the foregoing document was served in accordance with the Federal Rules of Civil
Procedure and the United States District Court for the Eastern District of Texas Local
Rules on all legal counsel of record for any party and all pro se parties by serving
the following:
William Lewis Sessions
Texas Bar No. 18041500
Sessions & Associates, PLLC
14591 North Dallas Parkway, Suite 400
Dallas, TX 75254
Tel: [phone]
Fax: [phone] (fax)
3

Case 6:20-cv-00660-JDK Document 31 Filed 01/01/21 Page 4 of 7 PageID #: 393

Email: [e-mail]
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 700-1A
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]
ATTORNEYS FOR PLAINTIFFS.
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
JENNIFER B. DICKEY
Principal Deputy Assistant Attorney General
/s/ John V. Coghlan
4

Case 6:20-cv-00660-JDK Document 31 Filed 01/01/21 Page 5 of 7 PageID #: 394

JOHN V. COGHLAN
Deputy Assistant Attorney General
Federal Programs Branch
U.S. Department of Justice, Civil Division
950 Pennsylvania Avenue N.W.
Washington, DC 20530
Tel: [phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANT.
Caitlin Halligan (NY Bar No. 3933447)
Samuel Breidbart (NY Bar No. 5783352)
Adam K. Hersh (NY Bar No. 5693064)
Max H. Siegel (NY Bar No. 5652235)
SELENDY & GAY PLLC
1290 Avenue of the Americas
New York, New York 10104
Douglas N. Letter (DC Bar No. 253492)
General Counsel
Todd B. Tatelman (VA Bar No. 66008)
Megan Barbero (MA Bar No. 668854)
Josephine Morse (DC Bar No. 1531317)
William E. Havemann (VA Bar No. 86961)
Eric R. Columbus (DC Bar No. 487736)
Lisa K. Helvin (DC Bar No. 988143)
Michael R. Dreeben (DC Bar No. 370586)
GEORGETOWN UNIVERSITY LAW
CENTER
600 New Jersey Avenue NW
Washington, D.C. 20001
Jonathan B. Schwartz (DC Bar No. 342758)
OFFICE OF GENERAL COUNSEL
U.S. HOUSE OF REPRESENTATIVES
219 Cannon House Office Building
Washington, DC 20515
Telephone: [phone]
Facsimile: [phone]
[e-mail]
5

Case 6:20-cv-00660-JDK Document 31 Filed 01/01/21 Page 6 of 7 PageID #: 395

ATTORNEYS FOR AMICUS U.S. HOUSE OF REPRESENTATIVES.
John S. Campbell, pro se
Amicus Curiae
17 Oakland Terrace
Mobile, AL 36604
[phone]
[e-mail]
AMICUS CURIAE
Alan Kennedy
Alan Hamilton Kennedy, Esquire
Colorado Bar No. 50275
1975 North Grant Street, # 421
Denver, CO 80203
[phone]
[e-mail]
PROPOSED INTERVENOR-DEFENDANT.
Timothy P. Dowling
Pro se
Texas State Bar No. 06083900
8017 Villefranche Dr.
Corpus Christi, TX 78414
[phone]
[e-mail]
PRO SE
__x__by the Court's CM/ECF Pacer electronic filing System pursuant to FRCP
5(b)(2)(E) and 5(b)(3), and LOCAL RULE CV-5 (c)&(d),
____ by certified mail return receipt requested deposited with the United States
Postal Service on the date indicated above pursuant to FRCP 5(b)(2)(C),
____ by email at the email address indicated above pursuant to FRCP 5(b)(2)(E),
and/or

6

Case 6:20-cv-00660-JDK Document 31 Filed 01/01/21 Page 7 of 7 PageID #: 396

____ by hand delivery service on the date indicated above pursuant to FRCP
5(b(2)(A) and
(B).
By: /s/ Charles Bundren
BUNDREN LAW GROUP, PLLC
Wm. Charles Bundren, Esq.
ATTORNEY FOR INTERVENORS:
CERTIFICATE OF CONFERENCE
Intervenors’ Counsel has complied with the meet and confer requirements in
LOCAL RULE CV-7(h). Intervenors counsel, Mr. Bundren, conferred by personal
telephone call with Lewis Sessions, Esq. on January 1, 2021, counsel for Plaintiffs
and Plaintiffs do not oppose Intervenors motion.
For Defendant, the personal conference required by LOCAL RULE CV-7(h)
was conducted on January 21, 2021 with John Coughlan, Esq., Counsel for
Defendant. Mr. Coughlan stated that Defendant does not oppose Intervenors’
motion.
By: /s/ Charles Bundren
BUNDREN LAW GROUP, PLLC
Wm. Charles Bundren, Esq.
ATTORNEY FOR INTERVENORS:

7