CREW v. U.S. Department of Homeland Security: Regarding White House Visitor Logs (Abramoff): 10/2/2006 - Motion for Extention
Content
Case 1:06-cv-00883-JGP
Document 50-1
Filed 10/02/2006
Page 1 of 3
UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
CITIZENS FOR RESPONSIBILITY RESPO NSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendant.
DEMOCRATIC NATIONAL COMMITTEE, Plaintiff, v. UNITED STATES SECRET SERVICE, Defendant.
Civil Action No. 06-883 (JGP)
Civil Action No. 06-842 (JGP)
MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFF’S FOIA CLAIMS FOR LACK OF JURISDICTION
Defendant, through undersigned counsel, hereby moves this Court for a two (2) day extension of time, to Thursday, October 5, 2006, to file a reply in support of i ts Motion to Dismiss Plaintiff’s Freedom of Information Act Act (“FOIA”) Claims. Claims. The reasons for this request are as follows: 1.
Defe Defend ndant ant’s ’s repl reply y is curre current ntly ly due on Tues Tuesda day, y, Octo Octobe berr 3, 2006. 2006.
2.
Defe Defenda ndant nt was was giv given en only only three three bus busin ines esss days days,, incl includi uding ng the the day day on whi which ch its its repl reply y
is due, in which to file its reply.
1
Case 1:06-cv-00883-JGP
3.
Document 50-1
Filed 10/02/2006
Page 2 of 3
Two of the three three lawye lawyers rs primar primarily ily respons responsibl iblee for for prepar preparing ing defend defendant ant’s ’s reply reply brief brief
are out of the office for two of these three days. Elizabeth Shapiro and Sara Clash-Drexler were out of the office Friday, and will be out of the office Monday (today), (today), to celebrate Yom Kippur. Also, the need for urgency that drove the initial, abbreviated briefing schedule no longer exists because defendant has released to plaintiff, with limited redactions pursuant to FOIA exemptions, all records responsive to its request – a total total of 356 pages of documents.1 Declaration of Kathy J. Lyerly Lyerly,, September 21, 2006, ¶ 3 (attached to defendant’s Motion to Dismiss Plaintiff’s Plaintiff’s FOIA FOIA Claims). In fact, defendant has now released the records to plaintiff p laintiff twice: Defendant mailed the records to plaintiff on Wednesday, September 20, and then sent the records to plaintiff by messenger on Friday, September 29, following plaintiff’s assertion, in its opposition to defendant’s motion to dismiss, Plaintiff’s Response to Defendant’s Motion to Dismiss Plaintiff’s FOIA Claims and Request for Discovery, September 28, 2006, at 3, that it did not receive the records placed in the mailroom of the Department of Justice on Wednesday, September 20. 4.
Pursu Pursuant ant to Loc Local al Rule Rule 7(m) 7(m),, coun counse sell for for the the def defen enda dant nt con conta tact cted ed Sha Sharo ron n Euba Eubanks nks,,
counsel for the plaintiff. plaintiff. Ms. Eubanks stated that she opposed defendant’s request for a two-day extension of time. Accordingly, defendant requests an extension of time of two (2) days to file its reply, making it due on October 5, 2006.
1
Defendant does not concede, by b y use of the term “responsive” or any other action, that the records are “agency records” under und er FOIA. 2
Case 1:06-cv-00883-JGP
Document 50-1
Dated: October 2, 2006
Filed 10/02/2006
Page 3 of 3
Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEFFREY A. TAYLOR United States Attorney CARL J. NICHOLS Deputy Assistant Attorney General JOSEPH H. HUNT Branch Director
OF COUNSEL: MOLLY WEBER United States Secret Service
s/ Justin M. Sandberg ELIZABETH J. SHAPIRO (D.C. Bar No. 418925) Assistant Branch Director SARA CLASH-DREXLER (Pa. Bar No. 86517) Trial Attorney JUSTIN M. SANDBERG (Ill. Bar. No. 6278377) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. #7224 P.O. Box 883 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 514-3489 Facsimile: (202) 616-8202 E-mail: [email protected] Attorneys for Defendant
3
Document 50-1
Filed 10/02/2006
Page 1 of 3
UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
CITIZENS FOR RESPONSIBILITY RESPO NSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendant.
DEMOCRATIC NATIONAL COMMITTEE, Plaintiff, v. UNITED STATES SECRET SERVICE, Defendant.
Civil Action No. 06-883 (JGP)
Civil Action No. 06-842 (JGP)
MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFF’S FOIA CLAIMS FOR LACK OF JURISDICTION
Defendant, through undersigned counsel, hereby moves this Court for a two (2) day extension of time, to Thursday, October 5, 2006, to file a reply in support of i ts Motion to Dismiss Plaintiff’s Freedom of Information Act Act (“FOIA”) Claims. Claims. The reasons for this request are as follows: 1.
Defe Defend ndant ant’s ’s repl reply y is curre current ntly ly due on Tues Tuesda day, y, Octo Octobe berr 3, 2006. 2006.
2.
Defe Defenda ndant nt was was giv given en only only three three bus busin ines esss days days,, incl includi uding ng the the day day on whi which ch its its repl reply y
is due, in which to file its reply.
1
Case 1:06-cv-00883-JGP
3.
Document 50-1
Filed 10/02/2006
Page 2 of 3
Two of the three three lawye lawyers rs primar primarily ily respons responsibl iblee for for prepar preparing ing defend defendant ant’s ’s reply reply brief brief
are out of the office for two of these three days. Elizabeth Shapiro and Sara Clash-Drexler were out of the office Friday, and will be out of the office Monday (today), (today), to celebrate Yom Kippur. Also, the need for urgency that drove the initial, abbreviated briefing schedule no longer exists because defendant has released to plaintiff, with limited redactions pursuant to FOIA exemptions, all records responsive to its request – a total total of 356 pages of documents.1 Declaration of Kathy J. Lyerly Lyerly,, September 21, 2006, ¶ 3 (attached to defendant’s Motion to Dismiss Plaintiff’s Plaintiff’s FOIA FOIA Claims). In fact, defendant has now released the records to plaintiff p laintiff twice: Defendant mailed the records to plaintiff on Wednesday, September 20, and then sent the records to plaintiff by messenger on Friday, September 29, following plaintiff’s assertion, in its opposition to defendant’s motion to dismiss, Plaintiff’s Response to Defendant’s Motion to Dismiss Plaintiff’s FOIA Claims and Request for Discovery, September 28, 2006, at 3, that it did not receive the records placed in the mailroom of the Department of Justice on Wednesday, September 20. 4.
Pursu Pursuant ant to Loc Local al Rule Rule 7(m) 7(m),, coun counse sell for for the the def defen enda dant nt con conta tact cted ed Sha Sharo ron n Euba Eubanks nks,,
counsel for the plaintiff. plaintiff. Ms. Eubanks stated that she opposed defendant’s request for a two-day extension of time. Accordingly, defendant requests an extension of time of two (2) days to file its reply, making it due on October 5, 2006.
1
Defendant does not concede, by b y use of the term “responsive” or any other action, that the records are “agency records” under und er FOIA. 2
Case 1:06-cv-00883-JGP
Document 50-1
Dated: October 2, 2006
Filed 10/02/2006
Page 3 of 3
Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEFFREY A. TAYLOR United States Attorney CARL J. NICHOLS Deputy Assistant Attorney General JOSEPH H. HUNT Branch Director
OF COUNSEL: MOLLY WEBER United States Secret Service
s/ Justin M. Sandberg ELIZABETH J. SHAPIRO (D.C. Bar No. 418925) Assistant Branch Director SARA CLASH-DREXLER (Pa. Bar No. 86517) Trial Attorney JUSTIN M. SANDBERG (Ill. Bar. No. 6278377) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. #7224 P.O. Box 883 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 514-3489 Facsimile: (202) 616-8202 E-mail: [email protected] Attorneys for Defendant
3
