for severe back pain on June 25, 2010, and the original schedule set by this Court’sorder instructed Appellants to file their opening briefs by June 28, 2010.
Counsel have exercised and will exercise diligence in preparing Appellants’opening brief.
¶ 5. However, for the reasons set forth below and in the attacheddeclaration of Christopher P. Tucker, extraordinary and compelling circumstancesexist for the requested extension.Mr. Kreep has represented Appellants throughout the course of this litigationin the District Court, including his attendance at the relevant hearings.
¶ 4.Prior to his spinal surgery, Mr. Kreep anticipated recovering in time to meet thisCourt’s July 12, 2010 deadline for filing Appellants’ opening brief.
. However,Mr. Kreep suffered several serious complications during his June 25, 2010 back surgery, and he was subsequently placed on a heart pump and transferred to theIntensive Care Unit at Scripps Green Hospital in La Jolla, California on June 29,2010.
¶ 6. On July 1, 2010, a five-hour-long bypass surgery was performed onMr. Kreep’s heart.
On July 4, 2010, Mr. Kreep was placed in an induced comadue to additional complications.
At the time of this filing, Mr. Kreep remainsconnected to a breathing tube, and his recovery is expected to take at least severalweeks.
Case: 09-56827 07/06/2010 Page: 3 of 9 ID: 7394933 DktEntry: 14