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11-3083 #194

11-3083 #194

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Published by Equality Case Files
EQCF Dkt 194 - Shenseki's 2nd request for an extension of time
EQCF Dkt 194 - Shenseki's 2nd request for an extension of time

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Published by: Equality Case Files on Sep 04, 2013
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10/25/2013

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Case No.

11-3083

EQCF Dkt #194 Filed 09/03/2013

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

APPELLEE’S SECOND MOTION FOR AN EXTENSION OF TIME TO RESPOND TO THE COURT’S ORDER OF JULY 12, 2013 Appellee, Eric K. Shinseki, Secretary of Veterans Affairs (Secretary), hereby respectfully moves, pursuant to Rules 2 and 26 of the Court’s Rules of Practice and Procedure, for an additional six (6) days to respond to this Court’s order of July 12, 2013. The order directed the parties to file supplemental

memoranda of law on the effect of the Supreme Court’s decision in United States v. Windsor, No. 12-307, 570 U.S. __, 133 S. Ct. 2675, 186 L.Ed.2d 808 (Jun. 26, 2013), on the matters before this Court in this case. On August 7, 2013, the Secretary was granted a thirty (30) day extension of time to file his supplemental memorandum. If the instant motion is granted, the Secretary’s supplemental memorandum would be due on or before September 9, 2013. Without further extension, his response would be due on or before September 3, 2013. The Secretary is cognizant of the need and desire for expeditious review of the issues presented in this case and recognizes not only the extension already granted in this matter but the overall lengthy pendency of this appeal. However, the Secretary requests a short extension of time to complete the supplemental

memorandum of law due to the complexity of the matter and the cross-agency coordination needed to ensure consistency and uniformity throughout the federal government. As stated by the Secretary in his initial motion, the memorandum of law on the impact of the Windsor decision on the matter before this Court requires multi-level and multi-agency review and coordination by and among the various divisions of the VA Office of the General Counsel (OGC) and the Department of Justice (DoJ). The Secretary has received a total of 82 days of extension in this case, including the aforementioned initial 30 days extension of time to file his supplemental memorandum of law in response to the Court’s July 12, 2013 order. Appellant has thus far received a total of four days of extension. Counsel for Appellant was contacted via email for his client’s position on this motion. However, at this time, Appellant’s position is unknown. WHEREFORE, Appellee, Eric K. Shinseki, Secretary of Veterans Affairs, respectfully moves the Court for a 6 day extension of time, until September 9, 2013, to file a supplemental memorandum in response to the Court’s order of July 12, 2013. Respectfully submitted, WILL A. GUNN General Counsel DAVID L. QUINN Acting Assistant General Counsel /s/ Carolyn F. Washington CAROLYN F. WASHINGTON Deputy Assistant General Counsel

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/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, D.C. 20420 (202) 632-7113 Attorneys for Appellee Secretary of Veterans Affairs

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