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Case 1:16-cv-00740-RC Document 57 Filed 11/03/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

SIMON BRONNER, MICHAEL
ROCKLAND, CHARLES D. KUPFER, and
MICHAEL L. BARTON,

Plaintiffs,
v.
Case No. 16-cv-00740-RC
LISA DUGGAN, CURTIS MAREZ,
AVERY GORDON, NEFERTI TADIAR,
SUNAINA MAIRA, CHANDAN REDDY,
and THE AMERICAN STUDIES
ASSOCIATION

Defendants.

PLAINTIFFS’ AMENDED MOTION TO EXTEND TIME TO ADD PARTIES

Plaintiffs Simon Bronner, Michael Rockland, Charles D. Kupfer, and Michael L.
Barton (“Plaintiffs”), by and through their attorneys, hereby move the Court to extend the time
to add parties for two weeks, until November 15. This Motion is amended only to update the
meet and confer statement in the penultimate paragraph.
On September 9, 2017, Plaintiffs and Defendants (“the Parties”) submitted a Joint
Status Report to the Court proposing to extend all deadlines by three months, to adjust for
delays in discovery. (Dkt. 48.) The Joint Status Report, which was submitted pursuant to this
Court’s Order of July 21, 2017, states: “unless there are further delays in the discovery
process, the Parties agree to and propose to the Court the following dates: Last day to add
parties: November 1, 2017.” The Court adopted the dates proposed in the Joint Status Report
by Minute Order on September 14, 2017.
Case 1:16-cv-00740-RC Document 57 Filed 11/03/17 Page 2 of 3

As the Court is aware, there have been significant further delays in the discovery
process. On July 21, when the Court ordered the Parties to submit a status report, Defendants
agreed to complete their production of documents by August 31, 2017. Defendants did not
complete their production on August 31, however.
For example, by August 31, Defendants had produced only 88 documents from
Sunaina Maira – perhaps the Defendant most involved in the activities at issue in this case.
Seventy-six (76) of those were from a single week period, and not a single document was
produced for the critical period of the vote. The productions from other Individual Defendants

were also missing documents from important time periods.
Prior to October 17, 2017, Defendants had produced approximately 5,450 documents.
On October 17, nearly seven weeks after the August 31 deadline, Defendants produced over
7,000 documents – including 6,781 documents from Defendant Maira. This was a critical
mass of documents that had been delayed. Due to issues with the load file, about 6,800 of
those documents had to be reproduced on October 18. Thus, Plaintiffs have only had these
critical documents for two weeks. Plaintiffs’ counsel are reviewing them as quickly possible,
and have developed theories to support claims against additional persons based on this very
large, recent production. Meanwhile, other documents are still outstanding, including
documents from Individual Defendant Chandan Reddy.

When Plaintiffs agreed to the two-month extension for all discovery deadlines, it was
with the explicit caveat: “unless there are further delays in the discovery process[.]” (Dkt. 48
at p. 1.) If there had not been further delays, there would have been two months to review
these documents and prepare an Amended Complaint adding claims against new defendants,
instead of only two weeks.
An extension of the deadline to add parties would not prejudice Defendants nor delay
the proceedings. The last day of fact discovery is February 15, 2018. That date would not

change, as there is sufficient time to complete fact discovery in the three months between
November 15, 2017, and February 15, 2018.
Case 1:16-cv-00740-RC Document 57 Filed 11/03/17 Page 3 of 3

Counsel for the Parties have conferred on this Motion. Defense counsel have informed
Plaintiffs’ counsel that Defendants do not consent to the Motion and will submit an opposition
thereto.
For all the reasons stated above, Plaintiffs respectfully ask this Court to extend the
deadline to add parties until November 15, 2017.

Dated: November 3, 2017 Signed: /s/Jennifer Gross
Jennifer Gross

Jerome M. Marcus (admitted pro hac vice) Jennifer Gross, DC Bar No. 1003811
Jonathan Auerbach (admitted pro hac vice) Kenneth Marcus, DC Bar No. 437391
MARCUS & AUERBACH LLC THE LOUIS D. BRANDEIS CENTER
1121 N. Bethlehem Pike, Suite 60-242 FOR HUMAN RIGHTS UNDER LAW
Spring House, PA 19477 1717 Pennsylvania Avenue NW, Suite 1025
(215) 885-2250 Washington, DC 20006-4623
jmarcus@marcusauerbach.com (202) 559-9296
auerbach@marcusauerbach.com jenniegross@brandeiscenter.com
klmarcus@brandeiscenter.com
Lead Counsel for Plaintiffs