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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
VERN MCKINLEY )
)Plaintiff, )
)v. ) Civil Action No. 12-1176 (RWR)
)
COMMODITY FUTURES )TRADING COMMISSION et al. )
)
Defendant. )
__________________________________________ )
MOTION FOR ENLARGEMENT OF TIME
Defendants, the Commodity Futures Trading Commission and the
Securities and
Exchange Commission (Defendants), by and through undersigned
counsel, respectfully request
a thirty (30) day enlargement of time up to and including
September 24, 2012, to file an answer
or otherwise respond to the Complaint in this case. Good cause
exists to grant this motion.
1. Undersigned counsel was recently assigned the instant
matter.
2. Accordingly, undersigned counsel established contact with the
two agency
counsel regarding the underlying allegations in Plaintiffs
Complaint and counsel is in the
process of fully investigating the allegations.
3. Defendants, however, have been unable to obtain all the
information needed to
respond to Plaintiffs Complaint.
4. Furthermore, Defendants anticipates producing records in the
coming weeks
which may narrow the issues before the Court.
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5. Finally, undersigned counsel will be out of the office August
27, 2012 through
September 4, 2012.
6. Accordingly, Defendants now requests a thirty (30) day
enlargement of time, up
to and including September 24, 2012, to file an answer or
otherwise respond to the Complaint in
this case.
7. Defendants request this extension in good faith and not for
the purpose of delay.
This is Defendants first request for an extension of time in
this action and the requested relief
will not affect any other deadlines currently imposed by the
Court.
8. Undersigned Counsel contactedPlaintiffs Counsel regarding the
instant motion
and Plaintiff opposes the requested relief.
9. Defendants, however, request that the Court grant their
Motion for an Extension
of Time and enter the attached Order.
WHEREFORE, Defendants respectfully request that the Court grant
their Motion for
Extension of Time and allow Defendants up to and including
September 24, 2012, in which to
file their Answer or otherwise respond to the Complaint.
* * *
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Dated: August 22, 2012,
Washington, DC
Respectfully Submitted,
RONALD C. MACHEN JR., D.C. BAR#447889
United States Attorneyfor the District of Columbia
DANIEL F. VAN HORN, D.C. Bar #924092Acting Civil Chief
By:/s/ Carl E. Ross ____________ ___
CARL EZEKIEL ROSS, D.C. Bar #492441Assistant United States
Attorney
Civil Division555 4th Street, N.W.Washington, D.C. 20530
Tel: (202) 305-4851
Fax: (202) 514-8780
Attorneys for Defendant
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