Sellmon v. Reilly et al

MOTION for Extension of Time to File Opposition to Plaintiffs' Motion to Extend Discovery

D.D.C.November 29, 2007

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) TONY R. SELLMON, et al., ) ) Plaintiffs, ) ) ) Civil Action No. 06-1650 (ESH) v. ) (ECF) ) EDWARD F. REILLY, JR., et al., ) ) Defendants. ) __________________________________________) DEFENDANTS’ MOTION TO ENLARGE TIME TO FILE OPPOSITION TO PLAINTIFF’S MOTION TO EXTEND DISCOVERY Pursuant to Fed. R. Civ. P. 6(b)(1), Defendants respectfully request an enlargement of time up to and including December 10, 2007, to file an opposition to Plaintiff’s Opposed Motion to Extend the Time for Discovery in this case. In support of this motion, Defendants state the following: 1. On November 16, 2007, Plaintiff filed an Opposed Motion to Extend the Time for Discovery and Unopposed Motion to Extend the Time for the Filing of Dispostive Motions and Memorandum in Support Thereof. Defendants’ opposition is due November 29, 2007. 2. In this action, Plaintiffs have raised an ex post facto challenge to the United States Parole Commissions (“USPC”) initial parole regulations. Defendants contend that this matter can be resolved as a matter of law and therefore oppose Plaintiffs’ motion. 3. Over the last few weeks, Defendants have submitted a hearing officer, Paul Howard, the USPC’s General Counsel, Rockne Chickinell and a Fed. R. Civ. P. 30(b)(6) deponent, Steven Husk, to be deposed in this matter. Defendants maintain that there is no further Case 1:06-cv-01650-ESH Document 41 Filed 11/29/2007 Page 1 of 3 need for discovery in a case where only matters of law are implicated. 4. The additional time is needed to enable the undersigned to conclude discussions with Agency Counsel prepare a more detailed opposition to Plaintiffs’ Motion to Extend Discovery. 5. This is Defendant’s first request for an extension. 6. Defendants have contacted Plaintiffs’ counsel who consents to this request. WHEREFORE, Defendants request that this enlargement be granted. A minute order is requested November 29, 2007 Respectfully submitted, _______________/s/_______________________ JEFFREY A. TAYLOR, D.C. BAR # 498610 United States Attorney /s/ RUDOLPH CONTRERAS, D.C. BAR # 434122 Assistant United States Attorney _______________/s/______________________ KENNETH ADEBONOJO Assistant United States Attorney Judiciary Center Building 555 4th Street, N.W. - Civil Division Washington, D.C. 20530 (202) 514-7157 (202) 514-8780 (facsimile) Case 1:06-cv-01650-ESH Document 41 Filed 11/29/2007 Page 2 of 3 CERTIFICATE OF SERVICE I certify I that on this 29 day of November 2007, I caused the foregoing Defendant’s Motion toth Enlarge Time to File Opposition to Plaintiff’s Motion to Extend Discovery to be served on Plaintiff’s attorney, Jason D. Wallach, via the Court’s Electronic Case Filing system. _____________/s/___________________ KENNETH ADEBONOJO Assistant United States Attorney Judiciary Center Building 555 4th Street, N.W. - Civil Division Washington, D.C. 20530 (202) 514-7157 (202) 514-8780 (facsimile) Case 1:06-cv-01650-ESH Document 41 Filed 11/29/2007 Page 3 of 3