Motion for Enlargement of Time

UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT

No.95-5338

September Term, 1995
USDC No. 95cv01018
William Thomas, et al., Appellants

v.

United States of America, et al., Appellees

MOTION FOR LEAVE TO FILE MOTION
FOR ENLARGEMENT OF TIME

Federal appellees respectfully move this Court for leave to file the attached Motion For Enlargement of Time. Appellees' counsel attempted to reach appellant pro se by telephone to determine his position on this motion,but she was not successful.

On November 13, 1995, federal appellees moved for summary affirmance of the District Court's September 14, 1995 ruling, denying appellant's motion for reconsideration of the Court's August 31, 1995 Order, granting federal appellees' motion for summary judgment Appellant responded on November 29, 1995. Federal appellees intend to file a reply brief but, due to demands from other cases with deadlines preceding the one in this case, counsel for federal appellees has been unable to prepare the reply brief by the date due. Appellees' counsel had planned on having appellees' reply ready by the date due, which is why she did not file the accompanying motion for enlargement of time on an earlier date. However, her obligations in other cases, as described more fully in the accompanying motion, have required

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more of her time than originally anticipated.

The additional time is necessary to permit the preparation of a appellees' reply brief, as well as to provide for supervisory review and final typing.

WHEREFORE, federal appellees respectfully request that this Motion For Leave To File A Motion For Enlargement Of Time be granted.

ERIC H. HOLDER,
United States Attorney

(signed)
R. CRAIG LAWRENCE
Assistant United States Attorney

(signed)
MARINA UTGOFF BRASWELL
Assistant United States Attorney

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CERTIFICATE OF SERVICE

I certify that the accompanying Motion For Leave To File Motion For Enlargement Of Time was served upon appellant by depositing a copy of it in the U.S. mail, first class postage prepaid, addressed to:

Mr. William Thomas
2817 llth Street, N.W.
Washington, D.C, 20001

and upon counsel for appellee District of Columbia, in the same manner, addressed to:

Bruce Brennan
Assistant Corporation Counsel, D.C.
Office of the Corporation Counsel
441 4th Street, N.W.
Suite 6-S-101
Washington, D.C. 20001

on this 7th day of December, 1995.

(signed)
MARINA UTGOFF
Assistant United States Attorney
Judiciary Center Building -- Rm. 10-820
555 4th Street, N.W.
Washington, D.C. 20001
(202) 514-7226

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UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT

No.95-5338

September Term, 1995
USDC No. 95cv01018
William Thomas, et al., Appellants

v.

United States of America, et al., Appellees

MOTION FOR ENLARGEMENT OF TIME

Federal appellees respectfully move the Court for an extension of time, to and including December 14, 1995, within which to file appellees' reply brief to appellant's opposition to appellees' motion for summary affirmance. Appellees' reply was due to be filed on December 7, 1995. Appellees' counsel attempted to reach appellant pro se by telephone today to determine his position on this motion, but she was not successful.

Counsel for federal appellees has been unable to prepare and file appellees' reply brief by the date due because of litigation obligations she has in other cases with deadlines preceding the one in the instant case. Specifically, since receiving appellant's reply brief on December 1, 1995, counsel has had numerous filings due in District court and two appearances in that Court, one of which was an oral argument on a motion for a preliminary injunction. Counsel was also out of the office on sick leave December 4, 1995, and has been assisting in meeting litigation demands for a colleague who is out on extended sick leave. The foregoing has impeded the ability of counsel for appellees to prepare a reply brief in the instant case.

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Appellees' counsel needs the additional time to permit her to prepare appellees' reply brief, as well as to provide for supervisory review and final typing.

WHEREFORE, federal appellees respectfully request that this Motion For Enlargement Of Time be granted.

(signed)
ERIC H. HOLDER, JR
United States Attorney

(signed)
R. CRAIG LAWRENCE
Assistant United States Attorney

(signed)
MARINA UTGOFF BRASWELL
Assistant United States Attorney

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CERTIFICATE OF SERVICE

I certify that the accompanying Motion For Enlargement Of Time was served upon appellant by depositing a copy of it in the U.S. mail, first class postage prepaid, addressed to:

Mr. William Thomas
2817 llth Street, N.W.
Washington, D.C. 20001

and upon counsel for appellee District of Columbia, in the same manner, addressed to:

Bruce Brennan
Assistant Corporation Counsel, D.C.
Office of the Corporation Counsel
441 4th Street, N.W.
Suite 6-S-101
Washington, D.C. 20001

on this 7th day of December, 1995.

(signed)
MARINA UTGOFF
Assistant United States Attorney
Judiciary Center Building -- Rm. 10-820
555 4th Street, N.W.
Washington, D.C. 20001
(202) 514-7226