Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II v. Sebelius

Filing 112

MOTION for Extension of Time to File a Motion for Leave to Participate as Amici Curiae by William P. Barr, Edwin Meese, III, Richard L. Thornburgh. (Fountain, Edwin)

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Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II v. Sebelius Doc. 112 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION COMMONWEALTH OF VIRGINIA, EX REL. KENNETH T. CUCCINELLI, II, in his official capacity as Attorney General of Virginia, Plaintiff, ) ) ) ) ) ) v. ) ) KATHLEEN SEBELIUS, ) Secretary of the Department of ) Health and Human Services, ) in her official capacity, ) ) Defendant. ) ____________________________________) No. 3:10-cv-00188-HEH MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR LEAVE TO PARTICIPATE AS AMICI CURIAE OF FORMER UNITED STATES ATTORNEYS GENERAL WILLIAM BARR, EDWIN MEESE, III, AND DICK THORNBURGH, IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Former United States Attorneys General William Barr, Edwin Meese, III, and Dick Thornburgh, respectfully move this Court to extend the deadline to file a motion for leave to participate as amici curiae in this case until October 8, 2010. As set out more fully in the accompanying memorandum, movants wish to file a motion for leave to participate as amici curiae in support of Plaintiff's motion for summary judgment and believe their views will assist the Court. They respectfully submit that the modest extension sought is warranted in light of the significance of the issues implicated in this case and the administrative difficulty created by locating counsel and coordinating the production of an amicus brief among multiple parties. WHEREFORE, movants request that their motion for an extension of time to file a motion for leave to participate as amici curiae be granted. Dockets.Justia.com DATED: October 4, 2010 Respectfully submitted, By: /s/ Edwin L. Fountain Edwin L. Fountain (VA Bar No. 31918) Tara Lynn R. Zurawski (VA Bar No. 73602) JONES DAY 51 Louisiana Avenue, NW Washington, DC 20001 Tel: (202) 879-3939 Fax: (202) 626-1700 Email: elfountain@jonesday.com Email: tzurawski@jonesday.com Of Counsel: Michael A. Carvin C. Kevin Marshall JONES DAY 51 Louisiana Avenue, NW Washington, DC 20001 Tel: (202) 879-3939 Fax: (202) 626-1700 Email: macarvin@jonesday.com Email: ckmarshall@jonesday.com Attorneys for Amici Curiae -2- CERTIFICATE OF SERVICE I hereby certify that on the 4th day of October, 2010, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to the following: Earle Duncan Getchell, Jr. Charles E. James, Jr. Stephen R. McCullough Wesley Glenn Russell, Jr. Office of the Attorney General 900 E. Main Street Richmond, Virginia 23219 Jonathan Holland Hambrick Office of the U.S. Attorney 600 E Main Street Suite 1800 Richmond, VA 23219 Erika Myers Ian Gershengorn Joel McElvain Sheila M. Lieber Department of Justice Federal Programs Branch 20 Massachusetts Ave NW Room 7332 Washington, DC 20001 Colby M. May American Center for Law & Justice 201 Maryland Ave., NE Washington, DC 20002 /s/ Edwin L. Fountain ________________________________________________ Edwin L. Fountain (VA Bar No. 31918) JONES DAY 51 Louisiana Avenue, NW Washington, DC 20001 Tel: (202) 879-3939 Fax: (202) 626-1700 Email: elfountain@jonesday.com -3-

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