Witt v. Department of the Air Force et al

Filing 6

MOTION for Leave to File An Overlength Brief by Plaintiff Margaret Witt. Noting Date 4/18/2006. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion For Leave To File An Overlength Brief)(McCraw, Nichole)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The Honorable Ronald B. Leighton UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MAJOR MARGARET WITT, Plaintiff, vs. UNITED STATES DEPARTMENT OF THE AIR FORCE; DONALD H. RUMSFELD, Secretary of Defense; MICHAEL W. WYNNE, Secretary of the Department of Air Force; and COLONEL MARY L. WALKER, Commander, 446th Aeromedical Evacuation Squadron, McChord AFB; Defendants. Plaintiff, Major Margaret Witt, moves this Court, pursuant to Local Fed. R. Civ. P. 7(f), for an order granting her leave to file an overlength brief in support of her Motion for Preliminary Injunction and Memorandum in Support of Motion ("Motion for Preliminary Injunction"). CARNEY BADLEY SPELLMAN LAW OFFICES A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 NO. C06-5195 RBL PLAINTIFF MAJOR MARGARET WITT'S MOTION FOR LEAVE TO FILE AN OVERLENGTH BRIEF Hearing Date: April 18, 2006 Without Oral Argument PLAINTIFF MAJOR MARGARET WITT'S MOTION FOR LEAVE TO FILE AN OVERLENGTH BRIEF ­ 1 WIT004 plds hd17bb02 4/18/06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The legal issues involved in this suit are complex and this Court's ruling could have far-reaching effect. In her motion for Preliminary Injunction, plaintiff raises three separate constitutional bases to support her motion. Plaintiff's counsel used their best efforts to raise Major Witt's arguments and detail the legal authority which supports those positions within the page limit imposed by court rules, but despite those efforts, the issues could not adequately be addressed within the prescribed limit of 24 pages. In fact, Major Witt's Motion for Preliminary Injunction is 54 pages in length. Accordingly, Major Witt seeks an order, pursuant to Local Fed. R. Civ. P. 7(f), for leave to submit an overlength brief of not to exceed 55 pages. For all the foregoing reasons, Plaintiff respectfully requests that the Court grant this Motion for Leave to File an Overlength Brief. DATED this 18th day of April 2006. CARNEY BADLEY SPELLMAN, P.S. By s/Nicki D. McCraw James E. Lobsenz, WSBA #8787 Nicki D. McCraw, WSBA #20533 On Behalf of the American Civil Liberties Union of Washington CARNEY BADLEY SPELLMAN, P.S. 701 Fifth Avenue, Suite 3600 Seattle, WA 98104 Telephone: (206) 622-8020 Facsimile: (206) 622-8983 E-Mail: lobsenz@carneylaw.com E-Mail: mccraw@carneylaw.com PLAINTIFF MAJOR MARGARET WITT'S MOTION FOR LEAVE TO FILE AN OVERLENGTH BRIEF ­ 2 WIT004 plds hd17bb02 4/18/06 CARNEY BADLEY SPELLMAN LAW OFFICES A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AMERICAN CIVIL WASHINGTON LIBERTIES UNION OF By s/ Aaron H. Caplan Aaron H. Caplan, WSBA #22525 American Civil Liberties Union of Washington 705 Second Avenue Seattle WA 98104 Telephone: (206)624-2184 E-Mail: caplan@aclu-wa.org Attorneys for Plaintiff PLAINTIFF MAJOR MARGARET WITT'S MOTION FOR LEAVE TO FILE AN OVERLENGTH BRIEF ­ 3 WIT004 plds hd17bb02 4/18/06 CARNEY BADLEY SPELLMAN LAW OFFICES A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CERTIFICATE OF SERVICE I hereby certify that on , I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: , and I hereby certify that I have mailed by United States Postal Service, Postage Prepaid/ABC Legal Messenger Service, Inc./Facsimile to the following non CM/ECF participants: . James E. Lobsenz Nicki D. McCraw Aaron Caplan Lobsenz@carneylaw.com McCraw@carneylaw.com caplan@aclu-wa.org ______________________________________ KARLA L. DOTCHIN PLAINTIFF MAJOR MARGARET WITT'S MOTION FOR LEAVE TO FILE AN OVERLENGTH BRIEF ­ 4 WIT004 plds hd17bb02 4/18/06 CARNEY BADLEY SPELLMAN LAW OFFICES A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017 FAX (206) 467-8215 TEL (206) 622-8020

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