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

Filing 7

MOTION re 6 Scheduling Order and Brief in Support Thereof by Kathleen Sebelius. (Attachments: # 1 Proposed Order)(Hambrick, Jonathan)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division COMMONWEALTH OF VIRGINIA EX. REL. KENNETH T. CUCCINELLI, II, ) ) ) Plaintiff, ) ) v. ) ) KATHLEEN SEBELIUS, ) SECRETARY OF THE DEPARTMENT OF ) HEALTH AND HUMAN SERVICES, ) ) Defendant. ) __________________________________________) ORDER This matter is before the Court upon the motion of defendant to modify one provision in the Scheduling Order issued by the Court on April 30, 2010. Finding it proper to do so, it is hereby ORDERED that paragraph 1 of the Scheduling Order issued April 30, 2010, is hereby modified as follows: the provision requiring defendant to file her answer within eleven days of April 30, 2010, is deleted. Defendant shall file her answer or otherwise respond to the complaint on or before May 24, 2010. If the Defendant files a motion to dismiss the Complaint, the time for the filing of her Answer shall be deferred until 14 days after a ruling on that motion to dismiss. Entered: ______________ __________________________________ Henry E. Hudson United States District Judge

Civil Action No.: 3:10CV188