Hamilton v. Snow

MOTION for Extension of Time to Respond to Plaintiff's Second Discovery Request

D.D.C.June 29, 2006

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Gary Hamilton, ) ) Plaintiff, ) Case No.: 05CV01549(RBW) v. ) ) ECF John Snow, ) ) Defendant ) ____________________________________) DEFENDANT’S MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S SECOND SET OF DISCOVERY REQUEST Pursuant to Fed. R. Civ. P. 6(b), Defendant respectfully moves for an extension of time from July 3, 2006, to July 21, 2006, to respond to Plaintiff’s Second Set of Interrogatories and Second Request for Production of Documents (“Second Set of Discovery Request”). Fact discovery closes on August 28, 2006. See Feb. 28, 2006 Scheduling Order (Dkt. No. 11). The undersigned sent a letter to Plaintiff’s counsel via facsimile on June 21, 2006, seeking this extension. At the time of this filing, the undersigned has not heard from Plaintiff’s counsel. There is good cause to grant this Motion. Plaintiff served his Second Set of Discovery Request on May 30, 2006. However, due to the security screening process of all in-coming mails to the undersigned’s office, the document did not arrive until June 6, 2006. Furthermore, the agency counsel responsible for this case was on travel during the second week of June. Therefore, Defendant lost at least two weeks of time. Moreover, agency counsel indicated that he needs to consult with other employees within the agency to respond to Plaintiff’s Second Set of Discovery Request. Unfortunately, some of those employees are currently not available and may not be available until after the July 4th weekend. The undersigned set forth these reasons in the June 21, 2006 letter to Plaintiff’s Case 1:05-cv-01549-RBW Document 17 Filed 06/29/2006 Page 1 of 3 counsel. For these reasons, the Court should grant Defendant’s extension of time from July 3, 2006, to July 21, 2006, to respond to Plaintiff’s Second Set of Discovery Request. Dated: June 29, 2006. Respectfully Submitted, /s/ Kenneth L. Wainstein KENNETH L. WAINSTEIN, D.C. BAR #451058 United States Attorney /s/ Rudolph Contreras RUDOLPH CONTRERAS, D.C. BAR #434122 Assistant United States Attorney /s/ John C. Truong JOHN C. TRUONG, D.C. BAR #465901 Assistant United States Attorney 555 Fourth Street, N.W. Washington, D.C. 20530 (202) 307-0406 Attorneys for Defendant Case 1:05-cv-01549-RBW Document 17 Filed 06/29/2006 Page 2 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Gary Hamilton, ) ) Plaintiff, ) Case No.: 05CV01549(RBW) v. ) ) ECF John Snow, ) ) Defendant ) ____________________________________) DEFENDANT’S MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S SECOND SET OF DISCOVERY REQUEST Upon consideration of Defendant’s Motion for an Extension of Time to Respond to Plaintiff’s Second Set of Discovery Request and the entire record herein, it is this _______ day of _______, 2006, ORDERED that Defendant’s Motion for an Extension of Time to Respond to Plaintiff’s Second Set of Discovery Request be and is hereby GRANTED; and it is FURTHER ORDERED that Defendant shall have up to and including July 21, 2006, to respond to Plaintiff’s Second Set of Interrogatories and Second Request for Production of Documents. SO ORDERED. ___________________________ U.S. District Judge Case 1:05-cv-01549-RBW Document 17 Filed 06/29/2006 Page 3 of 3