CREW v. U.S. Department of Homeland Security: Regarding White House Visitor Logs (Abramoff) : 10/2/2006 - Motion For Extention
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CREWCREW v. U.S. Department of Homeland Security: Regarding White House Visitor Logs (Abramoff) : 10/2/2006 - Motion For Extention
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CREWCase 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 AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. )
) Civil Action No. 06-883 (JGP)
UNITED STATES DEPARTMENT OF )
HOMELAND SECURITY, )
)
Defendant. )
)
)
DEMOCRATIC NATIONAL COMMITTEE, )
)
Plaintiff, )
)
v. )
) Civil Action No. 06-842 (JGP)
UNITED STATES SECRET SERVICE, )
)
Defendant. )
)
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 its Motion to Dismiss Plaintiff’s
Freedom of Information Act (“FOIA”) Claims. The reasons for this request are as follows:
1. Defendant’s reply is currently due on Tuesday, October 3, 2006.
2. Defendant was given only three business days, including the day on which its reply
is due, in which to file its reply.
1
Case 1:06-cv-00883-JGP Document 50-1 Filed 10/02/2006 Page 2 of 3
3. Two of the three lawyers primarily responsible for preparing defendant’s reply 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), 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 of 356 pages of documents.1 Declaration of Kathy J. Lyerly,
September 21, 2006, ¶ 3 (attached to defendant’s Motion to Dismiss Plaintiff’s FOIA Claims). In
fact, defendant has now released the records to plaintiff 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. Pursuant to Local Rule 7(m), counsel for the defendant contacted Sharon Eubanks,
counsel for the 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 use of the term “responsive” or any other action, that the
records are “agency records” under FOIA.
2
Case 1:06-cv-00883-JGP Document 50-1 Filed 10/02/2006 Page 3 of 3
Dated: October 2, 2006 Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
CARL J. NICHOLS
Deputy Assistant Attorney General
JOSEPH H. HUNT
OF COUNSEL: Branch Director
MOLLY WEBER s/ Justin M. Sandberg
United States Secret Service 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]
