Case: 12-1150 Document: 003111180381 Page: 1 Date Filed: 02/28/2013 ATTORNEY GENERAL OF NEW JERSEY R.J. Hughes Justice Complex 25 Market Street P.O. Box 112 Trenton, New Jersey 08625 Attorney for Defendants- Appellees By: Mary Beth Wood (609 633-1971 marybeth.wood@dol.lps.state.nj.us UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO: 12-1150 DANIEL J. PISZCZATOSKI, ON APPEAL FROM A FINAL ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Plaintiffs-Appellants, SAT BELOW: v. Hon. William H. Walls, USSDJ THE HON. RUDOLPH A. FILKO, APPELLEES NOTICE OF MOTION AND CERTIFICATION FOR LEAVE TO FILE ITS SUPPLEMENTAL LETTER AS Defendants-Appellees. AS REQUESTED BY THE COURT AS WITHIN TIME TO: Marcia Waldron, Clerk United States Court of Appeals for the Third Circuit 21400 United States Courthouse 601 Market Street Philadelphia, Pennsylvania 19106
Case: 12-1150 Document: 003111180381 Page: 2 Date Filed: 02/28/2013 David D. Jensen, Esq. David Jenson, PLLC 111 John Street, Suite 230 New York, New York 10038 Alan Gura, Esq. Gura & Possessky, PLLC 101 N. Columbus Street, Suite 405 Alexandria, Virginia 22314 PLEASE TAKE NOTICE that Defendants-Appellees, by and through their attorney, Jeffrey S. Chiesa, Attorney General of New Jersey, by Mary Beth Wood,, respectfully move before this Court, pursuant to Fed. R. App. P. 26(b and Fed. R. App. P. 27, for leave to file their supplemental letter as requested by the Court during argument on February 12, 2013 as within time. This motion is based on the following: 1. This matter is on appeal from a final judgment entered by the United States District Court for the District of New Jersey, which upheld the constitutionality of New Jersey s handgun permitting law. 2. During the February 12, 2013 argument, the Court asked Defendants-Appellees to address two questions in a supplemental letter: (1 whether the Legislature made any specific statistical findings concerning public safety risks in enacting the State s 2
Case: 12-1150 Document: 003111180381 Page: 3 Date Filed: 02/28/2013 Carry Permit law (Tr. at 60, and (2 whether the justifiable need standard is an objective measure (Tr. at 60-61. 3. The Court directed that Defendants-Appellees file their submission within ten days. 4. Due to the press of other matters, I anticipated that I would not be able to file the letter by February 22, and received the consent of the Plaintiffs-Appellants for a one-week extension of time to file the requested submission. 5. On February 21, 2013, my legal assistant called the Clerk s office to ask whether the request for an extension of time should be made by motion or if a letter would suffice. She was told that there was an order issued after argument on February 12 indicating that Defendants-Appellees submission was due on February 26, 2013. However, in relaying that information to me she then incorrectly indicated the due date was February 27, 2013. 6. There appears to have been a miscommunication between my legal assistant and the court. The due date for the transcript, which the Court also requested during argument, was February 26. Had my assistant given me that date, I would likely have realized the miscommunication but since she told me a different date, February 27, I did not realize the error. 7. The Defendants-Appellees supplemental letter was electronically filed on February 27, 2013. 3
Case: 12-1150 Document: 003111180381 Page: 4 Date Filed: 02/28/2013 8. Accordingly, Defendants-Appellees respectfully request leave from the Court to file their supplemental letter as within time. Respectfully submitted, ATTORNEY GENERAL OF NEW JERSEY Dated: February 28, 2013 By: s/ Mary Beth Wood Mary Beth Wood 4
Case: 12-1150 Document: 003111180382 Page: 1 Date Filed: 02/28/2013 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO: 12-1150 DANIEL J. PISZCZATOSKI, ON APPEAL FROM A FINAL ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Plaintiffs-Appellants, v. SAT BELOW: THE HON. RUDOLPH A. FILKO, Hon. William H. Walls, USSDJ Defendants-Appellees. CERTIFICATION OF SERVICE Mary Beth Wood, being of full age, hereby certifies that on February 27, 2013, Defendants/Appellees supplemental letter was served on all counsel of record by electronic filing. On February 28, 2013, Defendants/Appellees Motion to file the supplemental letter as within time was served on all counsel by electronic filing. Dated: February 28, 2013 Attorney General of New Jersey By: s/ Mary Beth Wood Mary Beth Wood