Case No.

11-3083

EQCF Dkt #166 Filed 10/12/2012

IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS CARMEN J. CARDONA, Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Appellee, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Vet. App. No. 11-3083

BIPARTISAN LEGAL ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES, Intervenor.

SECRETARYS MOTION TO RESCHEDULE ORAL ARGUMENT CURRENTLY SET FOR NOVEMBER 15, 2012 Pursuant to U.S. Vet. App. Rules 27 and 45(g), Appellee, Eric K. Shinseki, Secretary of Veterans Affairs (Secretary), respectfully moves this Court to amend its order dated October 10, 2012 and reschedule the oral argument in the abovecaptioned case. In its October 10, 2012 order, the Court scheduled oral As cause for this motion, the

argument for Thursday, November 15, 2012.

Secretary states that the undersigned, the lead and only attorney assigned to this case to represent the Secretary, will be out of the country and therefore unavailable to appear before this Court during the week of November 12 to November 16, 2012. Specifically, the undersigned will be in Australia with other members of his family from November 8 to November 17, 2012. While the undersigned

understands the importance of this case and the interest of all parties involved in

moving this case forward toward expeditious judicial resolution, he has had his travel plans in place for several months and already purchased airfare and made travel accommodations. The undersigned is cognizant that any delay or postponement of oral argument in this matter due to his prior and personal commitments impacts all parties involved. In that regard, he has communicated with counsel for Appellant and counsel for Intervenor. Counsel for Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives (BLAG) has indicated that he does not oppose this motion. undersigned of his position. The undersigned, personally and on behalf of the Secretary sincerely apologizes to the Court, Appellant, and Intervenor BLAG for any inconvenience caused by this motion. However, in light of the aforementioned circumstances, the undersigned respectfully requests that the Court amend its order of October 10, 2012 and reschedule oral argument in this matter for a date not November 15, 2012 or otherwise on or between November 8 and November 17, 2012. WHEREFORE, Appellee, Eric K. Shinseki, Secretary of Veterans Affairs, respectfully moves this Court to amend its order dated October 10, 2012, to reflect a new date for oral argument in this matter. Respectfully submitted, WILL A. GUNN General Counsel R. RANDALL CAMPBELL Assistant General Counsel /s/ Carolyn F. Washington CAROLYN F. WASHINGTON Deputy Assistant General Counsel Counsel for Appellant has not yet advised the

/s/ Ronen Morris RONEN MORRIS Appellate Attorney Office of the General Counsel (027D) U.S. Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 (202) 632-7113 Attorneys for Appellee Secretary of Veterans Affairs