Draper et al v. Healey

MOTION for Leave to File Response Memorandum to Amicus Brady Center to Prevent Gun Violence Amicus Memorandum

D. Mass.October 8, 2014

PLAINTIFFS’ MOTION FOR LEAVE OF COURT TO RESPOND TO AMICUS MEMORANDUMPage 1 of 3 12345678910111213141516171819202122232425262728 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS (1) ROBERT DRAPER; (2) ARIEL WEISBERG; (3) DONNA MAJOR; (4) ERIC NOTKIN; (5) ROBERT BOUDRIE; (6) BRENT CARLTON, collectively, the “CONSUMER PLAINTIFFS”, and (7) CONCORD ARMORY, LLC; (8) PRECISION POINT FIREARMS, LLC; collectively, the “DEALER PLAINTIFFS”, and (9) SECOND AMENDMENT FOUNDATION, INC., (10) COMMONWEALTH SECOND AMENDMENT, INC. collectively, the “ORGANIZATIONS”, andPlaintiffsv. MARTHA COAKLEY, in her official capacity as ATTORNEY GENERAL OF MASSASCHUSETTS Defendant Civil Action No.1:14-CV-12471-NMG PLAINTIFFS’ MOTION FOR LEAVE OF COURT TO RESPOND TO AMICUS BRADY CENTER TO PREVENT GUN VIOLENCE MEMORANDUM Case 1:14-cv-12471-NMG Document 34 Filed 10/08/14 Page 1 of 3 PLAINTIFFS’ MOTION FOR LEAVE OF COURT TO RESPOND TO AMICUS MEMORANDUMPage 2 of 3 12345678910111213141516171819202122232425262728 The CONSUMER PLAINTIFFS, DEALER PLAINTIFFS and ORGANIZATIONS (collectivelyhereafter “PLAINTIFFS”), by and through their attorney of record, hereby move this HonorableCourt pursuant to Local Rule 7.1(b)(2), for leave of court to file a memorandum responding toamicus BRADY CENTER TO PREVENT GUN VIOLENCE (hereafter “BRADY CENTER”) in support ofDefendant [ATTORNEY GENERAL’s] Motion to Dismiss All Claims. Good cause exists to grant thecurrent Motion.Amicus BRADY CENTER brings new issues into this already well-briefed lawsuit that furthercomplicate the analysis of the various complex Constitutional law questions herein. ThePLAINTIFFS believe in good faith that it is necessary to respond to the BRADY CENTER’s amicusmemorandum to ensure that this lawsuit remains focused and that there is a balanced opportunityto address all defenses raised by the joint defense of the defendant ATTORNEY GENERAL and nowthe BRADY CENTER.PLAINTIFFS further respectfully ask this Court to grant them sufficient time to prepare andfile their Response Memorandum to the BRADY CENTER’s amicus memorandum. The PLAINTIFFS’counsel is a religiously-observant Orthodox Jew who observes the Jewish religious holidays (andthe Jewish Sabbath) in all of their details and strictures. Religious observance on such daysprohibits all forms of work, including the use of computer equipment, telephones, driving, etc.;there are no religious exceptions for such activities. The remaining Jewish High Holy Days in theimmediate future during which the PLAINTIFFS’ counsel will not be available are as follows: Sukkoth (first two days) Evening of Wednesday, 8 October 2014 – Evening of Friday, 10 October 20141 Shmini Atzeret Evening of Wednesday, 15 October 2014 – Evening of Thursday, 16 October 20142 Simchat Torah Evening of Thursday, 16 October 2014 – Evening of Friday, 17 October 20143 1 There is no break between the end of the second High Holy Day of Sukkoth and the beginning of SimchatTorah the Jewish Sabbath on 11 October 2014; in other words, the first two days of Sukkoth and the Sabbath willform a contiguous three days this year.2 There is no break between Shmini Atzeret and Simchat Torah.3 There is no break between Simchat Torah and the beginning of the Jewish Sabbath on 18 October 2014; inother words, Shmini Atzeret, Simchat Torah and the Sabbath will form a contiguous three days this year. Case 1:14-cv-12471-NMG Document 34 Filed 10/08/14 Page 2 of 3 PLAINTIFFS’ MOTION FOR LEAVE OF COURT TO RESPOND TO AMICUS MEMORANDUMPage 3 of 3 12345678910111213141516171819202122232425262728 Additionally, there is a substantial amount of preparation for the Holy Days of Sukkot whicheffectively takes away the entire day of Wednesday, 8 October 2014.Based on the foregoing, PLAINTIFFS respectfully ask that this Court allow them until 31October 2014 to file their Response Memorandum. Respectfully submitted, Dated: 9 October 2014. ROBERT DRAPER; ARIEL WEISBERG; DONNA MAJOR; ERIC NOTKIN; ROBERTY BOUDRIE; BRENT CARLTON; CONCORD ARMORY, LLC; PRECISION POINT ARMORY, LLC; SECOND AMENDMENT FOUNDATION, INC. and COMMONWEALTH SECOND AMENDMENT, INC.By and through their attorney of record /s/ Alexander A. FligAlexander A. Flig, Esq (BBO #669132)490 Chapman Street, Suite 201Canton, Massachusetts 02021-2039Telephone: (781) 352-7260Facsimile: (781) 583-5080E-Mail: alex@fliglaw.com CERTIFICATE OF SERVICE I hereby certify that this document was filed through the Electronic Case Filing (ECF) systemand thus copies will be sent electronically to the registered participants as identified on the Noticeof Electronic Filing (NEF); paper copies will be sent to those indicated on the NEF as non-registeredparticipants on or before 1 July 2014. /s/ Alexander A. Flig Case 1:14-cv-12471-NMG Document 34 Filed 10/08/14 Page 3 of 3