GeorgiaCarry.Org, Inc. et al v. The U.S. Army Corps of Engineers et al

MOTION for Protective Order with Brief In Support

N.D. Ga.August 14, 2015

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 (consolidated ) with 4:15-CV-0009-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 PROTECTIVE ORDER Pursuant to Fed. R. Civ. P. 26(c), Defendants U.S. Army Corps of Engineers and John J. Chytka, in his official capacity, hereby move this Court to enter a protective order directing that review on the merits of this case will be limited to the administrative record that will be submitted by the Corps, and that no extra- record discovery will be permitted. In accordance with Local Civil Rule 7.1, this Case 4:14-cv-00139-HLM Document 32 Filed 08/14/15 Page 1 of 3 motion is accompanied by a memorandum of law which cites supporting authority.1 Dated: August 14, 2015 Of Counsel JOHN A. HORN United States Attorney LORI BERANEK Assistant United States Attorney 600 Richard B. Russell Federal Building 75 Spring Street, S.W. Atlanta, Georgia 30303 Lori.Beranek@usdoj.gov Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General /s/ Daniel Riess ‘ JOHN R. TYLER Assistant Branch Director DANIEL RIESS Trial Attorney U.S. Department of Justice Civil Division, Rm. 6122 20 Massachusetts Avenue, NW Washington, D.C. 20530 Telephone: (202) 353-3098 Fax: (202) 616-8460 Email: Daniel.Riess@usdoj.gov Attorneys for Defendants 1 Undersigned counsel states that he contacted counsel for Plaintiffs, who informed Defendants that Plaintiffs will likely oppose the relief sought in this motion. Case 4:14-cv-00139-HLM Document 32 Filed 08/14/15 Page 2 of 3 CERTIFICATE OF SERVICE I certify that, on August 14, 2015, I electronically filed the within and foregoing with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to the parties’ attorneys of record. This 14th day of August, 2015. /s/ Daniel Riess ‘ Daniel Riess Case 4:14-cv-00139-HLM Document 32 Filed 08/14/15 Page 3 of 3