Hamilton v. Snow

MOTION to Vacate and Reschedule the April 4, 2008 Status Hearing

D.D.C.March 17, 2008

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) Gary Hamilton, ) ) Plaintiff, ) Case No.: 05-CV-01549 (RBW) v. ) ) Henry M. Paulson, Jr., ) ) Defendant ) ____________________________________) DEFENDANT’S MOTION TO RESCHEDULE APRIL 4, 2008 STATUS HEARING Pursuant to Fed. R. Civ. P. 6(b), Defendant respectfully requests that the Court reschedule the April 4, 2008 Status Hearing, to April 24, 2008, or to a date and time convenient to the Court. Pursuant to Local Rule 7(m), the parties conferred and Plaintiff’s counsel consented to this Motion on the condition that the undersigned counsel must also “consent to [Plaintiff’s] next motion which will be captioned ‘consent motion’ to whatever.” Defendant cannot agree to this condition. There is good cause for the Court to grant this Motion. The need to reschedule the April 4, 2008 Status Hearing is necessitated by the fact that the undersigned counsel has a jury trial in Elion v. Jackson, Civ. No. 05-992 (PLF), scheduled for April 1 to 8, 2008. The length of the trial in the Elion case also warrants rescheduling the hearing to April 24, 2008, or thereafter. Specifically, given the number of witnesses that Judge Friedman has allowed to testify at trial in Elion, the undersigned counsel respectfully believes it is an aggressive schedule to expect the trial to conclude in one week. The trial is now scheduled from April 1 to 8 , 2008. Indeed, the Case 1:05-cv-01549-RBW Document 63 Filed 03/17/2008 Page 1 of 3 2 undersigned counsel anticipates that this jury trial will not conclude at the earliest until April 11, 2008, if not later. This time frame does not include anticipated post-trial motions, regardless of the outcome of the case. For this reason, Defendant respectfully requests that the Court reschedule the Status Hearing to April 24, 2008, or thereafter. Dated: March 17, 2008. Respectfully Submitted, /s/ Jeffrey A. Taylor JEFFREY A. TAYLOR, D.C. BAR # 498610 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 63 Filed 03/17/2008 Page 2 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) Gary Hamilton, ) ) Plaintiff, ) Case No.: 05-CV-01549 (RBW) v. ) ) Henry M. Paulson, Jr., ) ) Defendant ) ____________________________________) ORDER Upon consideration of Defendant’s Motion to Reschedule the April 4, 2008 Status Hearing and the entire record herein, it is this ______ day of ______, 2008, ORDERED that Defendant’s Motion to Reschedule the April 4, 2008 Status Hearing be and is hereby GRANTED; it is FURTHER ORDERED that the April 4, 2008 Status Hearing be and is hereby VACATED; and it is FURTHER ORDERED that the Status Hearing be and is hereby RESCHEDULED to ____ day of ____, 2008, at _____a.m./p.m. SO ORDERED. _______________________________ U.S. District Judge Case 1:05-cv-01549-RBW Document 63 Filed 03/17/2008 Page 3 of 3