Case 4:11-cv-01992 Document 23

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

SCOTT RAINEY, ET AL., Plaintiffs, vs. U.S. DEPARTMENT OF VETERANS AFFAIRS, ET AL., Defendants.

CIVIL ACTION NO. 4:11-cv-1992

JOINT MOTION TO CONTINUE HEARING Plaintiffs, Scott Rainey, the Veterans of Foreign Wars District 4, the American Legion Post 586, and the National Ladies, and Defendants U.S. Department of Veterans Affairs, and Arleen Ocasio, jointly move for a two week continuance of the hearing set on July 21, 2011, for the following reasons: 1. This action involves claims by the Plaintiffs that the Defendants have been engaged in unlawful religious practices and policies at the Houston National Cemetery that violate the First Amendment of the United States Constitution and the Religious Freedom Restoration Act, 42 U.S.C. 2000bb et seq. The Defendants have denied the allegations. 2. Pursuant to the Courts previous Order during the conference held on June 28, 2011, the

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the parties have spent a considerable amount of time meeting informally with the Plaintiffs, Defendants, and witnesses, to better understand the allegations, facts, and issues. In addition, there have been several productive discussions among counsel concerning U.S. Department of Veterans Affairs policies and practices governing the Houston Memorial Cemetery. 3. The parties are in agreement that the meetings have been productive, and that they have a better understanding of what actions may be required in order to resolve their disputes. 4. Accordingly, Plaintiffs and Defendants desire that the hearing set on July 21, 2011 be continued to allow the parties additional time to see whether the disputes can be resolved. A first meeting with the proper representatives to bind the parties to a settlement agreement is contemplated to take place during the week of July 25-29, 2011. Additional meetings, or mediation may be considered then. 5. Further the parties will report to the Court following those efforts. An additional hearing may or may not be necessary, depending upon their ability to find common ground and resolve the present disputes.

WHEREFORE, Plaintiffs, Scott Rainey, the Veterans of Foreign Wars District 4, the American Legion Post 586, and the National Ladies, and Defendants U.S. Department of

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Veterans Affairs, and Arleen Ocasio, respectfully request that the hearing set on July 21, 2011 be continued. Respectfully Submitted: Counsel for Plaintiffs Counsel for Defendants

/s/ Jeffrey C. Mateer Jeffrey C. Mateer Attorney-in-Charge Texas Bar No. 13185320 Hiram S. Sasser, III Texas Bar No. 24039157 Erin E. Leu Texas Bar No. 24070138 LIBERTY INSTITUTE 2001 Plano Parkway, Suite 1600 Plano, Texas 75075 Tel: 972-941-4444 Fax: 972-941-4457 Email: jmateer@libertyinstitute.org John D. Walker Texas Bar No. 00794809 3902 Cimarron Way Magnolia, Texas 77354 Tel: 281-252-0222 Fax: 281-259-9596 Email: jwalker@jdlaw.com

/s/ Fred T. Hinrichs Fred T. Hinrichs Assistant U.S. Attorney Texas Bar No. 24003580 U.S. Attorneys Office P.O. Box 61129 Houston, Texas 77208 Tel: 713-567-9529 Fax: 713-718-3303 Email: Fred.Hinrichs@usdoj.gov

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

SCOTT RAINEY, ET AL., Plaintiffs, vs. U.S. DEPARTMENT OF VETERANS AFFAIRS, ET AL., Defendants.

CIVIL ACTION NO. 4:11-cv-1992

ORDER Considering the Joint Motion to Continue Hearing filed by the Plaintiffs and Defendants, and for the reasons set forth therein; IT IS ORDERED that the Joint Motion to Continue Hearing is granted, and that the hearing set for July 21, 2011 is continued, to be reset by the Court. SIGNED at Houston, Texas, this __________ day of July, 2011.

_________________________________ HON. LYNN N. HUGHES UNITED STATES DISTRICT JUDGE