Case No.

11-3083

EQCF Dkt #188 Filed 08/01/2013

MOTION GRANTED
8/1/2013
For the Panel

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

Bruce E. Kasold Chief Judge

Vet. App. No. 11-3083

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

APPELLEE’S MOTION FOR AN EXTENSION OF TIME TO RESPOND TO THE COURT’S JULY 12, 2013 ORDER 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 a thirty (30) day extension of time within which to respond to this Court’s order of July 12, 2013. The order directed the parties and Intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives (BLAG) to file, within 21 days, supplemental memoranda of law on the effect of the Supreme Court’s decision in United States v. Windsor, 133 S. Ct. 2675 (2013), on the matter before this Court, with particular attention paid to the continued constitutional viability of sections 101(31) and 101(3) of Title 38 of the United States Code. If the Secretary’s motion is granted, his supplemental Without an

memorandum would be due on or before September 3, 2013. extension, his response would be due on or before August 2, 2013.

The Secretary states that an additional thirty days is needed to prepare a supplemental memorandum due to the complexity and extraordinary nature of the issues presented in this case, and in order to properly and fully assess the legal significance and implications of the Windsor decision. Any memorandum of law on the impact of the Windsor decision on the matter before this Court, to include specifically the continued constitutional viability of sections 101(31) and 101(3) of Title 38, 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). In order for the Secretary to provide a fully informed and comprehensive response to the Court’s order, an additional thirty days time, beyond the August 2, 2013 deadline, is needed. The Secretary has not previously requested or received any extensions with respect to this action and has received a total of 52 days of extension in this case thus far. Appellant received a four-day extension of time within which to file her reply brief. The Secretary is cognizant of the need and desire for expeditious review of the issues presented in this case and recognizes the already lengthy pendency of this appeal. However, inasmuch as the Secretary shares the desire for quick resolution of the relevant issues, in view of the aforementioned circumstances, he respectfully requests an extension of 30 days, beyond the August 2, 2013 deadline, to file his supplemental memorandum in response to this Court’s order of July 12, 2013. Counsel for Appellant was contacted and indicated that Appellant neither objects nor consents to this motion. Counsel for BLAG was also contacted and is unopposed to this motion. WHEREFORE, Appellee, Eric K. Shinseki, Secretary of Veterans Affairs, respectfully moves the Court for a 30 day extension of time, until September 3,

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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 /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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