IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION GEORGIACARRY.ORG, INC., and DAVID JAMES, Plaintiffs, CIVIL ACTION FILE NO. v. 4:14-CV-139-HLM U.S. ARMY CORPS OF ENGINEERS and JOHN J. CHYTKA, in his official capacity as Commander, Mobile District, U.S. Army Corps of Engineers, Defendants. DEFENDANTS MOTION FOR AN EXTENSION OF TIME Pursuant to Federal Rule of Civil Procedure 6(b(1(B, Defendants move for an order for an extension of time to respond to Plaintiffs complaint (Dkt. 1 until August 22, The extension is supported by Defendants arguments, as set forth in the accompanying memorandum. Accordingly, Defendants 1 Undersigned counsel states that he contacted counsel for Plaintiffs, but at the time of filing, undersigned counsel had not received a definitive response as to whether Plaintiffs would oppose Defendants request for an extension. 1

2 respectfully request that their deadline for responding to Plaintiffs complaint be extended up to and including August 22, Dated: August 14, 2014 Of Counsel SALLY QUILLIAN YATES United States Attorney LORI BERANEK Assistant United States Attorney 600 Richard B. Russell Federal Building 75 Spring Street, S.W. Atlanta, Georgia Respectfully submitted, STUART F. DELERY Assistant Attorney General /s/ Daniel Riess DIANE KELLEHER Assistant Branch Director DANIEL RIESS Trial Attorney U.S. Department of Justice Civil Division, Rm Massachusetts Avenue, NW Washington, D.C Telephone: ( Fax: ( Attorneys for Defendants 2

3 CERTIFICATE OF SERVICE I certify that, on August 14, 2014, I electronically filed the within and foregoing with the Clerk of Court using the CM/ECF system which will automatically send notification of such filing to the parties attorneys of record. This 14th day of August, /s/ Daniel Riess Daniel Riess 3

4 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION GEORGIACARRY.ORG, INC., and DAVID JAMES, Plaintiffs, CIVIL ACTION FILE NO. v. 4:14-CV-139-HLM U.S. ARMY CORPS OF ENGINEERS and JOHN J. CHYTKA, in his official capacity as Commander, Mobile District, U.S. Army Corps of Engineers, Defendants. DEFENDANTS MEMORANDUM IN SUPPORT OF THEIR MOTION FOR AN EXTENSION OF TIME Defendants submit this memorandum in support of their motion for an extension of time to respond to Plaintiffs complaint (Dkt. 1 until August 22, In support of this motion, Defendants state as follows: 1. In focusing on preparing a response to Plaintiffs motion for a preliminary injunction (Dkt. 5, counsel for Defendants inadvertently failed to memorialize the deadline for responding to Plaintiffs complaint. Defendants require additional time to respond to the complaint because Defendants response must be coordinated with various components of the United States Department of 1

5 Justice, and because of the press of business and scheduling conflicts. Thus, Defendants respectfully request an enlargement of time until August 22, Undersigned counsel states that he contacted counsel for Plaintiffs, but at the time of filing, undersigned counsel had not received a definitive response as to whether Plaintiffs would oppose Defendants request for an extension. 3. The extension will not unduly delay this action. Accordingly, Defendants respectfully request that their deadline for responding to Plaintiffs complaint be extended up to and including August 22, A proposed order is attached for the Court s convenience. Dated: August 14, 2014 Of Counsel SALLY QUILLIAN YATES United States Attorney LORI BERANEK Assistant United States Attorney 600 Richard B. Russell Federal Building 75 Spring Street, S.W. Atlanta, Georgia Lori.Beranek@usdoj.gov Respectfully submitted, STUART F. DELERY Assistant Attorney General /s/ Daniel Riess DIANE KELLEHER Assistant Branch Director DANIEL RIESS Trial Attorney U.S. Department of Justice Civil Division, Rm Massachusetts Avenue, NW Washington, D.C Telephone: ( Fax: ( Daniel.Riess@usdoj.gov Attorneys for Defendants 2

6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION GEORGIACARRY.ORG, INC., and DAVID JAMES, Plaintiffs, CIVIL ACTION FILE NO. v. 4:14-CV-139-HLM U.S. ARMY CORPS OF ENGINEERS and JOHN J. CHYTKA, in his official capacity as Commander, Mobile District, U.S. Army Corps of Engineers, Defendants. ORDER Having read and considered the Defendants Motion for Extension of Time to respond to Plaintiffs Complaint, and for good cause shown, it is hereby ORDERED that the Defendants shall be granted an extension of time to file their response, including any and all supporting documents related thereto, through and including August 22, So ordered this day of, Harold L. Murphy United States District Judge