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DOMA cases - Motion to extend time to file briefs

DOMA cases - Motion to extend time to file briefs

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Published by Kathleen Perrin
DOMA Section 3 challenges from Massachusetts - ASSENTED TO MOTION to extend time to file brief and appendix filed by government Appellants in case numbers 10-2207 and 10-2214.
DOMA Section 3 challenges from Massachusetts - ASSENTED TO MOTION to extend time to file brief and appendix filed by government Appellants in case numbers 10-2207 and 10-2214.

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Published by: Kathleen Perrin on Jan 02, 2011
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IN THE UNITED STATES COURT OF APPEALSFOR THE FIRST CIRCUITCOMMONWEALTH OF MASSACHUSETTS)Plaintiff-Appellee,))No. 10-2204v.))UNITED STATES DEPARTMENT OF HEALTH)AND HUMAN SERVICES, et al.,)Defendants-Appellants.)))DEAN HARA,)Plaintiff-Appellee/Cross-Appellant,)) NANCY GILL, et al.,)Plaintiffs-Appellees))Nos. 10-2207;v.) 10-2214)OFFICE OF PERSONNEL MANAGEMENT, et al.,)Defendants-Appellants/Cross-Appellees.))
UNOPPOSED MOTION FOR A 21-DAY EXTENSION OF TIMETO FILE APPELLANT’S BRIEF AND JOINT APPENDIX
For the reasons set forth below, the federal government appellants—UnitedStates Department of Health and Human Services,
et al.
, and the Office of PersonnelManagement, et al.—respectfully request an extension of time of twenty-one (21)days, from December 23, 2010, to and including January 13, 2011, within which tofile appellants’ consolidated opening brief and joint appendix in these appeals. Wealso request a corresponding adjustment of the current briefing schedule with respect
Case: 10-2207 Document: 00116150090 Page: 1 Date Filed: 12/21/2010 Entry ID: 5513648
 
to the due dates of the remaining briefs, as detailed below. Counsel for plaintiffs-appellees Commonwealth of Massachusetts and Nancy Gill,
et al.
, and for cross-appellant Dean Hara, have authorized us to state that they consent to this motion.1. These consolidated cases present challenges to the constitutionality of Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7.2. The government’s opening brief in
Commonwealth of Massachusetts v.United States Department of Health and Human Services
,
et 
 
al.
, No. 10-2204, wasoriginally due on December 13, 2010, and in
 Nancy Gill, et al. v. Office of Personnel  Management 
,
et 
 
al.
, No. 10-2207, was originally due on December 27, 2010.Pursuant to the government’s prior motion, this Court consolidated these cases, alongwith the cross-appeal in Dean Hara, No. 2214, and established a coordinated appellate briefing schedule. Under this schedule, the government’s opening consolidated brief is currently due December 23, 2010. Oral argument has not yet been scheduled. Thegovernment has not sought any prior extensions.3. The government respectfully requests a 21-day extension of time for appellants’ consolidated opening brief because of the significance of these cases andthe need for further internal government review, as well as other appellate deadlinesfaced by government counsel during the briefing period and the holidays that fallwithin the briefing period.2
Case: 10-2207 Document: 00116150090 Page: 2 Date Filed: 12/21/2010 Entry ID: 5513648
 
Specifically, because these two consolidated cases present challenges to theconstitutionality of a federal statute and involve many different federal agencies, theinternal government review for this brief has necessarily been extensive. This review process is not yet complete, and many individuals reviewing the brief will be onvacation during the upcoming holidays, from Thursday, December 23, 2010, untilMonday, January 3, 2011. A 21-day extension is necessary to enable the orderlycompletion of this process.Additionally, the attorneys within the Civil Division’s Appellate Staff assigned principal responsibility for preparing the government’s brief are subject to variousother briefing deadlines and holidays. Benjamin Kingsley, one of the principalattorney’s preparing the government’s brief, has briefs due in
 Hamad, et al. v.Obama, et al.,
 No. 5117 (D.C. Cir.), on December 23, 2010; in a sealed case onJanuary 5, 2011; and in
Cote, et al. v. Shinseki, et al.,
No. 09-16371 (11th Cir.), onJanuary 20, 2011. August Flentje, the other principal attorney preparing thegovernment’s brief, has briefs due in
 Madhwani v. Obama
, No. 10-5172 (D.C. Cir.),on December 22, 2010; in
 Latif 
v.
Obama
, No. 05-5319 (D.C. Cir.), on January 6,2011; in
 Awad 
v.
Obama
, No. 10-736 (S.Ct.), on January 3, 2011; and in
 Ameziane
v.
Obama
, No. 10-447 (S. Ct.), on January 18, 2011.3
Case: 10-2207 Document: 00116150090 Page: 3 Date Filed: 12/21/2010 Entry ID: 5513648

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