Motion for Extension of Time and to Modify Briefing Board of Governors McKinley (Lawsuit #3)

8/7/2019 Motion for Extension of Time and to Modify Briefing Board of Governors McKinley (Lawsuit #3)

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

__________________________________________

VERN McKINLEY, )

)Plaintiff, )

v. ) Case No: 10-00751 (RBW)

)

BOARD OF GOVERNORS OF THE )

FEDERAL RESERVE SYSTEM, )

)

Defendant. )

__________________________________________)

JOINT MOTION FOR EXTENSION OF TIME AND

TO MODIFY BRIEFING SCHEDULE

Plaintiff and Defendant, by and through undersigned counsel, move to modify the

existing briefing schedule by extending the deadline for Defendants motion for summary

judgment, currently set for March 21, 2011, by 49 days to May 9, 2011, and to adjust other

deadlines in the schedule, and as grounds state:

1. This matter involves two FOIA requests directed to the Board of Governors of the

Federal Reserve System (the Board) as more fully described in the Complaint. (Compl. 5-6).

Defendant answered the Complaint on July 1, 2010.

2. Defendant has released to Plaintiff what it contends to be all non-exempt

responsive documents to the FOIA requests at issue (totaling over 2,000 pages of documents)

and, pursuant to the Courts order dated December 3, 2010, Defendant has provided a draft

Vaughn index to Plaintiff. Plaintiff has reviewed the draft Vaughn index, and pursuant to the

referenced order, has identified for Defendant certain withholdings that Plaintiff does not intend

to challenge. However, numerous withholdings based on several exemptions remain at issue in

this action.

Case 1:10-cv-00751-RBW Document 10 Filed 03/11/11 Page 1 of 3


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3. Pursuant to the Courts order of December 3, 2010, Defendants motion for

summary judgment is due March 21, 2011, and the remaining deadlines are as follows:

Plaintiffs opposition to motion for summary judgment April 18, 2011

and cross-motion for summary judgment

Defendants reply in support of motion for summary May 23, 2011

judgment and opposition to Plaintiffs cross-motion

Plaintiffs reply in support of Plaintiffs cross-motion June 20, 2011

Status Conference September 20, 2011

4. Due to the volume of documents at issue, as well as the number of exemptions

that remain to be briefed, Defendant requires additional time to prepare its summary judgment

motion as well as the declarations that will be filed in support of that motion.

5. Accordingly, the parties have conferred and at this time propose the following

adjustments to the briefing schedule.

Defendants motion for summary judgment May 9, 2011

Plaintiffs opposition to motion for summary judgment June 20, 2011and cross-motion for summary judgment

Defendants reply in support of motion for summary August 4, 2011

judgment and opposition to Plaintiffs cross-motion

Plaintiffs reply in support of Plaintiffs cross-motion September 1, 2011

6. These adjustments to the schedule will still result in briefing being completed

before the existing status conference scheduled for September 20, 2011.

7. A proposed order is attached.



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Dated: March 11, 2011 Respectfully submitted,

/s/ RONALD C. MACHEN JR., D.C. Bar #447889

MICHAEL BEKESHA United States Attorney for the

D.C. Bar # 995749 District of Columbia

JUDICIAL WATCH, INC.425 Third Street, S.W., Suite 800 RUDOLPH CONTRERAS, D.C. Bar #434122

Washington, D.C. 20024 Chief, Civil Division

(202) 646-5172

By: ________/s/____________________

JEREMY S. SIMON, D.C. BAR # 447956

Assistant United States Attorney

Civil Division

555 4th Street, N.W.

Washington, D.C. 20530

(202) 307-0406

[email protected]

Attorneys for Plaintiff Attorneys for Defendant


Documents

Motion for Extension of Time and to Modify Briefing Board of Governors McKinley (Lawsuit #3)