Senate Permanent Subcommittee on Investigations v. Ferrer

MOTION for Leave to File a Response to Respondent Carl Ferrer's Surreply

D.D.C.June 2, 2016

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) SENATE PERMANENT SUBCOMMITTEE ON ) INVESTIGATIONS, ) ) Applicant, ) ) Misc. No. 1:16-mc-00621-RMC v. ) ) CARL FERRER, ) ) Respondent. ) __________________________________________) MOTION OF SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS FOR LEAVE TO FILE A RESPONSE TO RESPONDENT CARL FERRER’S SURREPLY The Senate Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs (the “Subcommittee”), through undersigned counsel, hereby respectfully moves this Court for leave to file a short response to the Surreply of Respondent Carl Ferrer, should the Court grant Mr. Ferrer’s request to file that surreply. The proposed response with an accompanying exhibit is attached hereto. The grounds for this motion are: 1. In the Subcommittee’s Reply in support of its Application to enforce subpoena duces tecum to Carl Ferrer, the Subcommittee discussed the posting of an advertisement for sexual services by a minor on Backpage.com by an investigator in Cook County Sheriff Tom Dart’s office, and the editing of that advertisement by Backpage, as described in a filing by Sheriff Dart in Backpage.com v. Dart, No. 1:15-cv-06340 (N.D. Ill.). 2. Respondent Carl Ferrer has asked leave to file a surreply addressing that advertisement and an additional matter as well. 3. Should the Court grant Mr. Ferrer’s motion to file a surreply, the Subcommittee Case 1:16-mc-00621-RMC Document 14 Filed 06/02/16 Page 1 of 2 requests leave to file a short (3 paragraphs) response to that surreply, attaching a declaration recently filed in Backpage.com v. Dart, No. 1:15-cv-06340 (N.D. Ill.), that further explains the facts surrounding the advertisement in question. As Mr. Ferrer’s proposed surreply takes issue with the facts surrounding the posting of that advertisement, the Subcommittee considers it important to provide the Court with a complete record regarding the advertisement and Backpage’s screening thereof. 4. Pursuant to LCvR 7(m), counsel for the Subcommittee has conferred with counsel for Respondent Carl Ferrer, and Respondent’s counsel has informed the Subcommittee’s counsel that Respondent Ferrer does not oppose this motion. WHEREFORE the Subcommittee respectfully requests that the Court grant the Subcommittee leave to file the attached response to Respondent Carl Ferrer’s surreply. Respectfully submitted, /s/ Patricia Mack Bryan Patricia Mack Bryan, Bar #335463 Senate Legal Counsel Morgan J. Frankel, Bar #342022 Deputy Senate Legal Counsel Grant R. Vinik, Bar #459848 Assistant Senate Legal Counsel Thomas E. Caballero Assistant Senate Legal Counsel Office of Senate Legal Counsel 642 Hart Senate Office Building Washington, D.C. 20510-7250 (202) 224-4435 (tel) (202) 224-3391 (fax) Dated: June 2, 2016 Counsel for Senate Permanent Subcommittee on Investigations 2 Case 1:16-mc-00621-RMC Document 14 Filed 06/02/16 Page 2 of 2