Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice

MOTION for Leave to File Four Minutes Out of Time

D.D.C.July 17, 2006

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) CITIZENS FOR RESPONSIBILITY AND ) ETHICS IN WASHINGTON, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:05-cv-02078 ) U.S. DEPARTMENT OF JUSTICE, ) ) Defendant. ) ____________________________________) DEFENDANT’S MOTION TO FILE FOUR MINUTES OUT OF TIME ITS OPPOSITION TO PLAINTIFF’S MOTION FOR RECONSIDERATION OF PROTECTIVE ORDER REGARDING DEPOSITIONS Pursuant to Fed. R. Civ. P. 7, defendant hereby moves the Court for leave to file four- minutes out of time its opposition to plaintiff’s motion for reconsideration. Plaintiff filed its motion at 3:21 this afternoon. At 4:17 P.M., the Court ordered defendant to file its opposition by 6:00 P.M. It also allowed plaintiff until 8:00 P.M. to file a reply. In filing its opposition electronically, defendant’s counsel experienced some technical difficulties which caused it to file four minutes late. Given that defendant was given less than one-and-three-quarters of an hour to file its opposition, that plaintiff will have a full two hours to file a reply, and that plaintiff will not be prejudiced in any way by defendant’s having filed its brief at 6:04 rather than 6:00, this request is reasonable. Furthermore, the hearing on plaintiff’s motion for reconsideration is not until 9:30 A.M. tomorrow morning, so the four minutes additional time will not cause any undue delays. Defendant’s request should therefore be granted. Plaintiff has informed defendant’s counsel that plaintiff opposes this motion. Case 1:05-cv-02078-EGS Document 25 Filed 07/17/2006 Page 1 of 3 -2- Respectfully submitted, KENNETH L. WAINSTEIN United States Attorney /s/ Lisa A. Olson ELIZABETH J. SHAPIRO LISA A. OLSON (D.C. Bar #38266) U.S. Department of Justice 20 Mass. Ave., N.W., Room 6118 Washington, D.C. 20530 Telephone: (202) 514-5633 Telefacsimile: (202) 616-8460 E-mail: lisa.olson@usdoj.gov Dated: July 17, 2006 Counsel for Defendant Case 1:05-cv-02078-EGS Document 25 Filed 07/17/2006 Page 2 of 3 -3- UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) CITIZENS FOR RESPONSIBILITY AND ) ETHICS IN WASHINGTON, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:05-cv-02078 ) U.S. DEPARTMENT OF JUSTICE, ) ) Defendant. ) ____________________________________) ORDER The Court having considered defendant's motion for leave to file four minutes out of time, and good cause having been shown, it is hereby ORDERED that defendant's motion is granted. Dated: _______________, 2006 __________________________________ EMMET G. SULLIVAN UNITED STATES JUDGE Case 1:05-cv-02078-EGS Document 25 Filed 07/17/2006 Page 3 of 3