Case: 10-55084 09/03/2010 Page: 1 of 4 ID: 7463643 DktEntry: 24-1

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT
WILEY S. DRAKE, et al., ) NO. 09-56827
)
Plaintiffs/Appellants, ) D.C. No. 8:09-CV-00082-DOC
) Central District of California
and ) Santa Ana
)
Ambassador ALAN KEYES, Ph.D., et al., )
)
Plaintiffs, )
)
v. )
)
BARACK HUSSEIN OBAMA, et al., )
)
Defendants/Appellees. )
PAMELA BARNETT, Captain, et al., ) NO. 10-55084
)
Plaintiffs/Appellants, ) D.C. No. 8:09-CV-00082-DOC
) Central District of California
v. ) Santa Ana
)
BARACK HUSSEIN OBAMA, et al., )
)
Defendants/Appellees. )
APPELLEES’ MOTION TO EXTEND TIME TO FILE
ANSWERING BRIEF;
DECLARATION OF DAVID A. DeJUTE
APPEAL FROM THE
UNITED STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA - SANTA ANA
SA CV 09-00082 DOC
ANDRÉ BIROTTE JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
ROGER E. WEST
Assistant United States Attorney
First Assistant Chief, Civil Division
DAVID A. DeJUTE
Assistant United States Attorney
Room 7516 Federal Building
300 North Los Angeles Street
Los Angeles, CA 90012
Telephone: (213) 894-2461/2574
Facsimile: (213) 894-7819
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APPELLEES’ MOTION TO EXTEND TIME TO FILE

ANSWERING BRIEF
Appellee President Barack Obama and all other Appellees, through their
counsel of record, the United States Attorney for the Central District of California,
hereby respectfully move this Court for an order extending the time for thirty (30)
days from the current due date of September 13, 2010, to and including October
13, 2010, for the Appellees to file their Answering Brief in this appeal.
Undersigned counsel will be unable timely to complete the Answering Brief by its
current due date of September 13, 2010. The reasons for the requested extension
are set forth in the attached Declaration of Assistant United States Attorney David
A. DeJute. This is the Appellees’ first request for an extension of time.
This motion is made pursuant to Rules 26(b) and 27 of the Federal Rules of
Appellate Procedure and Rule 31-2.2(b) of the Rules of the United States Court of
Appeals for the Ninth Circuit and is based upon the files and records in this case
and on the attached declaration of Assistant United States Attorney David A.
DeJute. This request is unopposed by Appellants Wiley S. Drake, et al. but is
opposed (without explanation or reason) by Appellants Pamela Barnett, Captain,
et al.
DATED: September 3, 2010
Respectfully submitted,
ANDRÉ BIROTTE JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division

/s/ David A. DeJute

ROGER E. WEST
Assistant United States Attorney
First Assistant Chief, Civil Division
DAVID A. DeJUTE
Assistant United States Attorney
Attorneys for Defendants/Appellees
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Declaration of David A. DeJute

1. I am an Assistant United States Attorney in the Office of the United
States Attorney for the Central District of California. I make this declaration
pursuant to Ninth Circuit Rule of Appellate Procedure 31-2.2(b).
2. The instant appeal arises out of a case brought by Plaintiffs/Appellants in
the U.S. District Court for the Central District of California. The case was and the
appeal is assigned to me any my colleague Assistant United States Attorney Roger
E. West as counsel.
3. Appellees have not previously requested any extensions of time to file the
Answering Brief.
4. Counsel for Appellees is requesting a thirty (30) day extension of time
from September 13, 2010 to and including October 13, 2010 to file the Answering
Brief for the following reasons:
5. Government counsel is assigned a full case load and is currently
extremely busy. I have a case which requires me to travel outside of the district to
take and defend depositions during the next several weeks. I have two cases with
firm trial dates, one in October and one in November which require extensive pre-
trial preparation to properly present to the court. In addition, I have several
motions that must be prepared and filed within the next month. Moreover, because
the issue in this appeal involves the fitness of Appellee President Barack Obama to
hold office, the Answering Brief must be reviewed by other attorneys within the
Department of Justice whose own schedules require the additional time to review
and make meaningful comments. Additional time is respectfully requested in order
to properly prepare the government’s response in this matter.
6. Government counsel has exercised diligence in this matter and the
reasons which necessitated this requested extension were not within counsel’s
control.
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7. On September 3, 2010, I telephoned counsel for Appellants Wiley S.

Drake, et al. I spoke to Nathan Oleson, who conveyed to me the non-opposition of
these Appellants to the requested extension of time. On September 3, 2010, I also
telephoned counsel for Appellants Pamela Barnett, Captain, et al. I spoke to Orly
Taitz, who conveyed to me the opposition of these Appellants to the requested
extension of time. When asked, Dr. Taitz could not offer a reason or explanation
as to the basis of these Appellant’s opposition. I do not believe that an extension
of time to file the Answering Brief would in any way be prejudicial to any of the
Appellants in this matter.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 3, 2010, at Los Angeles, California.

/s/ David A. DeJute

DAVID A. DeJUTE
Assistant United States Attorney
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9th Circuit Case Number(s) CA 10-56827

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