Case 3:10-cv-04814-FLW -DEA Document 22 Filed 01/03/11 Page 1 of 3 PagelD: 185

U.S. Department of Justice

Civil Division

Washington, DC 20530

Tel: (202) 514-9242

Fax: (202) 616-8470 Ethan.P .Davis@usdoj .gov

January 3, 2011

Judge Freda L. Wolfson United States District Court District of New Jersey

402 East State Street Room 2020 Trenton, NJ 08608

SUBJECT: Purpura et at. v. Sebelius et al., Case No. 3:10-cv-04814 (D.NJ.)

Dear Judge Wolfson:

I

Defendants in the above-captioned case request a thirteen-day extension of

time, to January 17,2011, to respond to plaintiffs' motion for summary judgment.

Plaintiffs challenge Congress's recent enactment of comprehensive health care reform legislation. See Patient Protection and Affordable Care Act ("ACA"), Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23,2010), as amended by the Health Care and Education Affordability Reconciliation Act of 20 10, Pub. L. No. 111- 152,124 Stat. 1029 (Mar. 30, 2010). On December 9,2010, plaintiffs moved for summary judgment, claiming that they are entitled to a "default summary judgment." Dkt. # 16, 18. On December 15,2010, the U.S. Attorney's Office received a mailing from plaintiffs containing plaintiffs' "Request for Declaratory Judgment" as well as a copy of the complaint filed in Civil Action No. 10-91 in the United States District Court for the Northern District of Florida. Two days later, defendants invoked the automatic extension provided by Local Rule 7.1 (d)(5), thus extending the time to file a response to plaintiffs' motion for summary judgment to January 4,2011. Dkt. # 19. On December 23,2010, defendants then moved to

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Case 3: 1 0-cv-04814-FLW -DEA Document 22 Filed 01/03/11 Page 2 of 3 PagelD: 186

stay proceedings on plaintiffs' motion for summary judgment until after this Court issues a decision on defendants' anticipated motion to dismiss under Federal Rule of Civil Procedure 12. Dkt. # 20.

Defendants now request that this Court extend the time to respond to plaintiffs' motion for summary judgment to January 17,2011. On that date, defendants will also move to dismiss this action under Federal Rule of Civil Procedure 12. This request for an extension is based upon the intervening holidays and the need for sufficient time to respond to the issues raised in plaintiffs' motion and to prepare defendants' own motion to dismiss. Undersigned counsel has conferred with plaintiffs, and plaintiff Nicholas E. Purpura has indicated that plaintiffs do not consent to this requested extension of time.

Accordingly, defendants respectfully request that the Court grant their request and extend the deadline for Defendants to file a response to plaintiffs' motion for summary judgment to January 17,2011.

Dated: January 3, 2011

Respectfully submitted,

TONY WEST

Assistant Attorney General

IAN HEATH GERSHENGORN Deputy Assistant Attorney General

PAUL J. FISHMAN United States Attorney District of New Jersey

JENNIFER RICKETTS Director

SHEILA LIEBER Deputy Director

sl Ethan P. Davis ETHAN P. DAVIS Trial Attorney

United States Department of Justice

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Case 3:10-cv-04814-FLW -DEA Document 22 Filed 01/03/11 Page 3 of 3 PagelD: 187

Civil Division

Federal Programs Branch 20 Massachusetts Ave. NW Washington, D.C. 20001 Tel: (202) 514-9242

Fax: (202) 616-8470 Ethan.P .Davis@usdoj.gov

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Case 3:1 0-cv-04814-FLW"-DEA Document 22-1 Filed 01/03/11 Page 1 of 1 PagelD: 188

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

) ) )

) Case No.1: 1 O-CV -04814 (FL W) )

) Motion Day: January 18,2011

) ) )

-----------------------------)

NICHOLAS E. PURPURA, et al.,

Plaintiffs,

v.

KATHLEEN SEBELIUS et aI..,

Defendants.

PROPOSED ORDER GRANTING DEFENDANTS' APPLICATION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

Upon consideration of Defendants' application for an extension of time to

respond to plaintiffs' motion for summary judgment, it is hereby

ORDERED that defendants' application is granted. Defendants shall have

until January 17,2011 to respond to plaintiffs' motion for summary judgment.

Dated:

----------------

FREDA L. WOLFSON

UNITED STATES DISTRICT JUDGE

Case 3:10-cv-04814-FLW -OEA Document 22-2 Filed 01/03/11 Page 1 of 1 PagelD: 189

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on the date and by the methods of service noted below, a true and correct copy of defendants' letter requesting an extension of time to respond to plaintiffs' motion for summary judgment was served on the following:

Served Electronically through CMlECF:

NONE

Served by FedEx Mail:

Nicholas E. Purpura 1802 Rue De La Port Wall, NJ 07719

Donald R. Laster, Jr. 25 HeidI Avenue

West Long Branch, NJ 07764

DATED: January 3, 2011

lsi Ethan P. Davis ETHAN P. DAVIS Trial Attorney

U.S. Department of Justice

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