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Pedersen v. OPM - Government MOTION for Extension of Time to Respond

Pedersen v. OPM - Government MOTION for Extension of Time to Respond

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Published by Kathleen Perrin
Pedersen v. OPM - (DOMA challenge in CT district court) Government defendants' MOTION for Extension of Time to Respond. Filed 3/8/2011
Pedersen v. OPM - (DOMA challenge in CT district court) Government defendants' MOTION for Extension of Time to Respond. Filed 3/8/2011

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Published by: Kathleen Perrin on Mar 09, 2011
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03/09/2011

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UNITED STATES DISTRICT COURTDISTRICT OF CONNECTICUT_____________________________________ JOANNE PEDERSEN, et al., ))Plaintiffs, ))v. ) No. 3:10-cv-01750-VLB)OFFICE OF )PERSONNEL MANAGEMENT, et al., ))Defendants. )_____________________________________ )MOTION FOR EXTENSION OF TIMEPursuant to Fed. R. Civ. P. 6(b)(1) and D. Conn. L. Civ. R. 7(b),defendants respectfully move for an extension of time in which to respondto plaintiffs’ First Amended Complaint. Defendants’ response to the FirstAmended Complaint is currently due on March 11, 2011.As defendants informed this Court on February 25, 2011, theDepartment of Justice will cease defending the constitutionality of Section3 of the Defense of Marriage Act (“DOMA”) for the reasons explained in theletter to this Court from Tony West, Assistant Attorney General for the CivilDivision, dated February 24, 2011, and the letter from the Attorney Generalto The Honorable John A. Boehner, Speaker of the House, dated February23, 2011. As defendants also informed this Court, the Attorney General hasnotified the prescribed members of Congress of this decision pursuant to28 U.S.C. § 530D(a)(1)(B)(ii).
Case 3:10-cv-01750-VLB Document 41 Filed 03/08/11 Page 1 of 4
 
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On March 4, 2011, House Speaker John Boehner announced that hewill convene a meeting of the Bipartisan Legal Advisory Group for thepurpose of initiating action by the U.S. House of Representatives to defendSection 3 of DOMA. The Department of Justice wants to ensure thatCongress has a full and fair opportunity to participate in this litigation.Based on preliminary discussions with the Office of General Counsel of theHouse of Representatives, it appears that additional time is needed toprepare a response to the First Amended Complaint. Defendants thereforerespectfully request a 90-day extension of time, to and including June 9,2011, in order to allow Congress to respond to the Amended Complaint if itdecides to participate in this litigation. This requested extension will allowCongress to determine how it plans to proceed in the various cases nowpending involving the constitutionality of Section 3 of DOMA, including thisone. Alternatively, defendants request that this Court suspend the currentScheduling Order and allow defendants to file a status report by no laterthan March 25, 2011, informing the Court of the status and timing ofCongress’s potential participation in this case.This is the first request for an extension of time that has been filed inthis case. The undersigned has conferred with counsel for plaintiffspursuant to D. Conn. L. Civ. R. 7(b)(3), and plaintiffs oppose this motion forextension and will be filing a response today.WHEREFORE, defendants respectfully request that the Court extenddefendants’ time to respond to the First Amended Complaint.
Case 3:10-cv-01750-VLB Document 41 Filed 03/08/11 Page 2 of 4
 
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 Date: March 8, 2011 Respectfully submitted,TONY WESTAssistant Attorney GeneralDAVID B. FEINUnited States AttorneyARTHUR R. GOLDBERGAssistant Branch Director/s/
Judson O. Littleton 
 JUDSON O. LITTLETON [phv04345]Trial AttorneyU.S. Department of JusticeCivil DivisionFederal Programs Branch20 Massachusetts Ave. NWWashington, DC 20530Tel: (202) 305-8714Fax: (202) 616-8470Judson.O.Littleton@usdoj.gov
Case 3:10-cv-01750-VLB Document 41 Filed 03/08/11 Page 3 of 4

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