Innovator Enterprises, Inc. v. Jones

MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint

D.D.C.June 25, 2013

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INNOVATOR ENTERPRISES, INC., ) Plaintiff ) ) v. ) Civil Action No. 13-0581 (JDB) ) B. TODD JONES, Acting Director, ) Bureau of Alcohol, Tobacco, Firearms and ) Explosives, ) Defendant ) __________________________________________) DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME Pursuant to Federal Rule of Civil Procedure 6(b)(1), Defendant, B. Todd Jones, Acting Director, Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), by and through undersigned counsel, respectfully requests an extension of time of thirty (30) days, up to and including July 31, 2013, within which to move, answer or otherwise respond to Plaintiff’s Complaint. Defendant’s response would otherwise be due on July 1, 2013. Defendant requests this extension on the following grounds: In this action, Plaintiff alleges that the action of the ATF, in determining that a device designed and built by Plaintiff was a firearm muffler or firearm silencer within the meaning of 18 U.S.C. § 921(a)(24), was arbitrary and capricious. See ECF No. 1. Plaintiff seeks judicial review of that determination. Undersigned counsel conferred with counsel at the ATF about this matter and is awaiting receipt of documentation which is needed in order to prepare a response to Plaintiff’s Complaint. Undersigned counsel is requesting thirty (30) days in which to do so. Pursuant to Local Civil Rule 7(m), Plaintiff’s counsel was contacted in order to ascertain his position on this request. Plaintiff’s counsel indicated that he does not object to this request. This enlargement of time is being sought for good cause and not for the purpose of delay. As Case 1:13-cv-00581-JDB Document 5 Filed 06/25/13 Page 1 of 4 there are no pending deadlines, the granting of this motion will have no effect on any deadlines in this matter. For the reasons cited above, Defendant respectfully requests that the extension of time to answer, move or otherwise respond to Plaintiff’s Complaint be granted. An Order granting the relief sought is attached hereto. Respectfully submitted, RONALD C. MACHEN, JR., D.C. Bar #447889 United States Attorney DANIEL F. VANHORN, D.C. Bar #924092 Chief, Civil Division /s/ Marian L. Borum MARIAN L. BORUM, D.C. Bar #435409 Assistant United States Attorney United States Attorney’s Office Civil Division 555 Fourth Street, N.W. Washington, D.C. 20530 Telephone: (202) 514-6531 Facsimile: (202) 514-8780 Electronic Mail: marian.l.borum@usdoj.gov 2 Case 1:13-cv-00581-JDB Document 5 Filed 06/25/13 Page 2 of 4 CERTIFICATE OF SERVICE I certify that, on this 25 day of June, 2013, the foregoing, and the attached Order,th were sent via the Court’s Electronic Mail System to Plaintiffs’ counsel: Richard E. Gardiner 3925 Chain Bridge Road Suite 403 Fairfax, Virginia 22030 regardiner@cox.net /s/ Marian L. Borum MARIAN L. BORUM Assistant United States Attorney 3 Case 1:13-cv-00581-JDB Document 5 Filed 06/25/13 Page 3 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INNOVATOR ENTERPRISES, INC., ) Plaintiff ) ) v. ) Civil Action No. 13-0581 (JDB) ) B. TODD JONES, Acting Director, ) Bureau of Alcohol, Tobacco, Firearms and ) Explosives, ) Defendant ) __________________________________________) ORDER This matter is before the Court on Defendant’s Motion for Enlargement of Time. Upon consideration of this Motion and the entire record of this case, it is this _____ day of ________________, 2013, ORDERED that Defendant’s motion is GRANTED; and it is FURTHER ORDERED that Defendant shall have until and including July 31, 2013, in which to respond to respond to Plaintiff’s Complaint. UNITED STATES DISTRICT JUDGE Copies to: Marian L. Borum Assistant United States Attorney United States Attorney’s Office Civil Division 555 Fourth Street, N.W. Washington, D.C. 20530 Richard E. Gardiner 3925 Chain Bridge Road Suite 403 Fairfax, Virginia 22030 Case 1:13-cv-00581-JDB Document 5 Filed 06/25/13 Page 4 of 4