State of Texas v. EEOC et al

Filing 13

Unopposed Motion for Extension of Time to File Answer filed by Jacqueline Berrien, EEOC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Granting Extension of Time Until Jan. 27) (Sandberg, Justin)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
STATE OF TEXAS,
Plaintiff,
v.
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, et al.,
Defendants

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Civil No. 1:13-CV-00255-C
ECF

UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR
OTHERWISE RESPOND AND BRIEF IN SUPPORT
Defendants, the Equal Employment Opportunity Commission (EEOC) and EEOC
Chair Jacqueline A. Berrien, respectfully move for a 14-day extension of time, from
January 13, 2014 to January 27, 2014, within which to answer or otherwise respond to the
complaint.
1.

Defendants offer the following support for this request:
The State of Texas filed a complaint challenging the legality of EEOC

enforcement guidance, see EEOC, Consideration of Arrest and Conviction Records in
Employment Decisions Under Title VII of the Civil Rights Act of 1964, No. 915.002
(Apr. 25, 2012), and the constitutionality of Title VII, to the extent it imposes liability on
the State for disparate-impact discrimination.

Compl. ¶¶ 29-43.

2.

Plaintiff served the complaint on the U.S. Attorney’s Office on November

12, 2013.

Affidavit of Service for Summons and Compl., Dec. 13, 2013, Doc. No. 10.

Thus, defendants’ answer is due Monday, January 13, 2014.

Unopposed Motion for Extension of Time
to Answer or Otherwise Respond - Page 1

Fed. R. Civ. P. 12(a)(2),

6(a)(1)(C).
3.

Defendants request a 14-day extension of time to answer or otherwise

respond because of holiday-related work absences.

Lead counsel for defendants was out

of the office from December 23 through December 27 on a long-scheduled family
vacation.

And agency counsel at the EEOC, with whom lead counsel will coordinate

the defense, has been out of the office since December 19 and will not be returning to the
office until January 6.
4.

In addition, the press of other business supports the requested extension.

Currently, lead counsel for defendants has a reply brief due January 6 in American
Orthotic & Prosthetic Association v. Sebellius, 1:13-CV-697 (D.D.C.) (RCL), and an oral
argument on a motion to dismiss in San Francisco, California scheduled for January 8 in
Garcia v. McCarthy, 13-CV-3939 (N.D. Cal.) (WHO).

Given the length of the flight

between Washington, D.C. and San Francisco, the trip to San Francisco (including the
day of the argument) likely will consume three business days.
5.

The State does not object to the requested extension.

6.

For the forgoing reasons, defendants ask the Court to extend the deadline to

answer or otherwise respond to the complaint by 14 days, until January 27, 2014.
DATED this 31st day of December, 2013.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
SARAH R. SALDAÑA
United States Attorney

Unopposed Motion for Extension of Time
to Answer or Otherwise Respond - Page 2

JOSHUA E. GARDNER
Assistant Director, Federal Programs
Branch
s/ Justin M. Sandberg
JUSTIN M. SANDBERG, IL Bar No.
6278377
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Mass. Ave. NW, Rm. 7302
Washington, D.C. 20001
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants

CERTIFICATE OF CONFERENCE
I conferred with counsel for the plaintiff, Solicitor General Mitchell, via electronic
mail on December 30, 2013. Mr. Mitchell stated that plaintiff has no objection to the
requested 14-day extension of time.
s/ Justin M. Sandberg
JUSTIN M. SANDBERG
Trial Attorney
U.S. Department of Justice

Unopposed Motion for Extension of Time
to Answer or Otherwise Respond - Page 3

CERTIFICATE OF SERVICE
I hereby certify that, on December 31, 2014, a true and correct copy of the
foregoing was served by CM/ECF on:
Jonathan F. Mitchell
Andrew Stephen Oldham
Arthur D’Andrea
Office of the Texas Attorney General
209 West 14th Street
P.O. Box 12548
Austin, Texas 70711-2548
s/ Justin M. Sandberg
JUSTIN M. SANDBERG
Trial Attorney
U.S. Department of Justice

Unopposed Motion for Extension of Time
to Answer or Otherwise Respond - Page 4