State of Texas v. EEOC et al

Filing 19

Unopposed MOTION to Extend Time to Replead and/or Oppose Motion to Dismiss filed by State of Texas (Attachments: # 1 Proposed Order) (Mitchell, Jonathan)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
)
STATE OF TEXAS
)
)
Plaintiff, )
)
vs.
)
)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, )
)
and
)
)
JACQUELINE A. BERRIEN,
)
in her official capacity as Chair of the Equal )
Employment Opportunity Commission,
)
)
Defendants. )
)

Case No. 5:13-cv-00255-C

PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME
TO REPLEAD AND/OR OPPOSE MOTION TO DISMISS
On January 27, 2014, the Equal Employment Opportunity Commission
(“EEOC”) and Jacqueline A. Berrien, the Chair of the EEOC (collectively,
“Defendants”) moved to dismiss the State’s complaint for declaratory and
injunctive relief. Under Federal Rule of Civil Procedure 15(a)(1)(B) and Local
Rule 7.1(e), the State’s current deadline for amending its complaint as a
matter of right and/or opposing the Defendants’ motion to dismiss is
February 18, 2014. The State hereby moves for a 14-day extension of that
deadline, to and including March 4, 2014. Defendants do not oppose this
extension.

The requested extension is necessary because undersigned counsel are
responsible for a reply brief on the merits in the United States Supreme
Court in Texas v. EPA, No. 12-1269, which is due on February 14, 2014.
Moreover, undersigned counsel will present oral argument to the Supreme
Court in that case on February 24, 2014.
Counsel also have several other conflicting obligations. They include
briefs on the merits in Texas v. Penguin, No. 14-61 (2d Cir.), Abbott v. Waste
Management of Texas, Inc., No. 13-0372 (Tex.), and Texas Music Library and
Research Center v. Texas Department of Transportation, No. 13-13-00600-CV
(Tex. App.—Corpus Christi); and a petition for review in University of Texas
at El Paso v. Ochoa, No. 13-0982 (Tex.). Counsel will also be presenting oral
arguments in the Supreme Court of Texas in Patel v. Texas Department of
Licensing and Regulation, No. 12-0657, on February 27, 2014, and in the
Court of Appeals for the Fourteenth District of Texas in In re E.H., No. 14-1300622-CV, on March 4, 2014.
Finally, one of undersigned counsel is awaiting the impending birth of
his daughter, who was due on February 12, 2014. The requested extension
will allow him to take a few days of paternity leave before amending the
State’s complaint or otherwise responding to Defendants’ motion.
As noted above, Defendants do not oppose the requested extension.

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CONCLUSION
Plaintiff respectfully requests a 14-day extension of the time to amend
its complaint as a matter of right under Rule 15(a)(1)(B) and/or to oppose
Defendants’ motion to dismiss, to and including March 4, 2014.
Respectfully submitted.
GREG ABBOTT
Attorney General of Texas
DANIEL T. HODGE
First Assistant Attorney General
/s/ Jonathan F. Mitchell
JONATHAN F. MITCHELL
Solicitor General
ANDREW S. OLDHAM
Deputy Solicitor General
ARTHUR C. D’ANDREA
Assistant Solicitor General
209 West 14th Street
P.O. Box 12548
Austin, Texas 70711-2548
[phone]

Dated: February 13, 2014

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CERTIFICATE OF CONFERENCE
I conferred with counsel for the Defendants, Justin M. Sandberg, via
electronic mail on February 13, 2014. Mr. Sandberg stated that Defendants
have no objection to the requested 14-day extension of time.

/s/ Jonathan F. Mitchell
Jonathan F. Mitchell

CERTIFICATE OF SERVICE
I hereby certify that, on February 13, 2014, a true and correct copy of
the foregoing was served by CM/ECF on:
Justin M. Sandberg, Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Mass. Ave. NW, Rm. 7302
Washington, D.C. 20001
[e-mail]

/s/ Jonathan F. Mitchell
Jonathan F. Mitchell

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