Case 2:10-cv-03452-HGB-ALC Document 56 Filed 02/22/11 Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

HEEBE, ET AL. * CIVIL ACTION NO: 10-3452

v. * SECTION “C” (5)

UNITED STATES OF AMERICA *

* * *

UNITED STATES’ MOTION TO EXPEDITE HEARING

NOW INTO COURT, through the undersigned Assistant United States Attorneys, comes

defendant, the United States of America, and respectfully moves this Court for an expedited hearing

under LR7.2E on its pending motion to compel production.

The United States sent a request for production to the plaintiffs asking that a surveillance

video be produced to the government. The plaintiffs responded that the video would not be produced

because they consider it to be impeachment evidence. The government has filed a motion to compel

discovery contemporaneously with this motion for expedited hearing

While LR7.2E suggests that at least 15 days must elapse between the filing of a motion and

its hearing date, the United States’ pending motion to compel requires expedited consideration. The

matter is currently set for hearing on February 24, 2011, well within the 15 day requirement. To avoid

irreparable harm, the United States prays that this Court address its pending motion to compel either
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today, February 22, 2011, or on the morning of Wednesday, February 23, 2011. Counsel for the

government is available either in person or by phone should the Court whish to hold the hearing in

that manner.

WHEREFORE, for the above reasons, the United States prays that this Court grant its motion

and hear the United States’ motion to compel either on February 22, 2011 or on the morning of

February 23, 2011.

Respectfully submitted,

JIM LETTEN
UNITED STATES ATTORNEY

s/Gregory M. Kennedy
GREGORY M. KENNEDY
Assistant United States Attorney
500 Poydras Street, Second Floor
New Orleans, Louisiana 70130
Telephone: (504) 680-3102
Email: Greg.Kennedy@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that on February 22, 2011, I electronically filed the foregoing with
the Clerk of Court by using the CM/ECF system which will send a notice of
electronic filing to all counsel of record.

s/Gregory M. Kennedy
GREGORY M. KENNEDY
Assistant United States Attorney

-2-
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

HEEBE, ET AL. * CIVIL ACTION NO: 10-3452

v. * SECTION “C” (5)

UNITED STATES OF AMERICA *

* * *

ORDER

Considering the United States’ Motion for Expedited Hearing on its Motion to Compel

Production;

IT IS HEREBY ORDERED that the United States’ motion is GRANTED. The Court will

hear the United States’ motion to compel production with oral argument on the day of

, 2011 at o’clock .m.

New Orleans, Louisiana, this day of February, 2011.

________________________________
UNITED STATES DISTRICT JUDGE