Fast and Furious Delay Motion

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    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF COLUMBIA

    COMMITTEE ON OVERSIGHT AND )

    GOVERNMENT REFORM, )UNITED STATES HOUSE OF )

    REPRESENTATIVES, ))

    Plaintiff, )

    ) Case No. 1:12-cv-1332 (ABJ)v. )

    )

    ERIC H. HOLDER, JR., )

    in his official capacity as )Attorney General of the United States, )

    )Defendant. )___________________________________ )

    CONSENT MOTION TO RESCHEDULE ORAL ARGUMENT

    Defendant hereby moves to reschedule oral argument on its Motion to Dismiss, currently

    scheduled for February 7, 2013, in order to facilitate ongoing settlement talks between the

    parties. Counsel for defendant has conferred with counsel for plaintiff pursuant to Local Civil

    Rule 7(m), and counsel for plaintiff indicates that plaintiff concurs with the requested relief.

    Following the January 10, 2013, Status Conference, the parties have continued to engage

    in settlement talks. Without divulging the substance of those talks, the talks are progressing

    sufficiently such that the parties believe that further talks may be fruitful. Accordingly, the

    parties believe that, in order to enable the parties to focus their efforts on settlement and avoid

    the potentially unnecessary expenditure of judicial resources, the hearing on the Motion to

    Dismiss should be rescheduled for the week of April 15, 2013, or at such other time as may be

    convenient for the Court and the parties. The parties will submit a joint status report to the Court

    Case 1:12-cv-01332-ABJ Document 38 Filed 01/29/13 Page 1 of 3

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    on March 15, 2013, in order to keep the Court informed as to the progress of the ongoing

    settlement negotiations.

    For the foregoing reasons, defendant respectfully requests that oral argument on

    defendants Motion to Dismiss, currently scheduled for February 7, 2013, be rescheduled for the

    week of April 15, 2013.

    Dated: January 29, 2013 Respectfully submitted,

    STUART F. DELERYPrincipal Deputy Assistant Attorney General

    IAN HEATH GERSHENGORNDeputy Assistant Attorney General

    JOSEPH H. HUNTDirector, Federal Programs Branch

    JOHN R. TYLER

    Assistant Branch Director

    /s/ Eric Womack

    ERIC R. WOMACK(IL Bar No. 6279517)

    GREGORY DWORKOWITZ

    (NY Bar Registration No. 4796041)LUKE M. JONES

    (VA Bar No. 75053)

    Trial Attorneys

    U.S. Department of JusticeCivil Division

    Federal Programs Branch

    Washington, D.C. 20001Tel: (202) 514-4020

    Fax: (202) 616-8470

    [email protected]

    Counsel for Defendant

    Case 1:12-cv-01332-ABJ Document 38 Filed 01/29/13 Page 2 of 3

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    CERTIFICATE OF SERVICE

    I hereby certify that on January 29, 2013, I caused a true and correct copy of the

    foregoing Motion and accompanying Proposed Order to be served on plaintiffs counsel

    electronically by means of the Courts ECF system.

    /s/ Eric Womack

    ERIC R. WOMACK

    Case 1:12-cv-01332-ABJ Document 38 Filed 01/29/13 Page 3 of 3