Case 1:07-cv-02055-JDB Document 16 Filed 10/24/2008 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
CITIZENS FOR RESPONSIBILITY )
AND ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No. 07-2055 (JDB)
)
U.S. DEPARTMENT OF EDUCATION, )
)
Defendant. )
)

CONSENT MOTION FOR EXTENSION OF TIME

Defendant, the United States Department of Education, by undersigned counsel, hereby

moves the Court for a one-week extension of time, from October 24 to October 31, 2008, to oppose

Plaintiff’s cross-motion for summary judgment. In support of this motion, Defendant states as

follows:

1. By minute order of August 4, 2008, the Court entered the following briefing schedule:

Defendant’s dispositive motion due September 10, 2008

Plaintiff’s opposition due October 10, 2008

Defendant’s reply due October 31, 2008

2. Pursuant to this schedule, on September 10, 2008, Defendant filed a motion to

dismiss and for summary judgment.

3. On October 10, 2008, Plaintiff filed an opposition to Defendant’s motion. At the

same time, Plaintiff filed a cross-motion for summary judgment. Plaintiff’s cross-motion was not
 Case 1:07-cv-02055-JDB Document 16 Filed 10/24/2008 Page 2 of 4

contemplated by the briefing schedule.

4. Under the current briefing schedule, Defendant’s reply in support of its motion to

dismiss and for summary judgment is due on October 31, 2008. However, pursuant to Local Rule

7(b) and Federal Rule of Civil Procedure 6(d), Defendant’s opposition to Plaintiff’s cross-motion

would be due one week earlier, on October 24, 2008.

5. Because Defendant’s opposition and reply briefs will be substantively similar, it

would reduce litigation costs and conserve judicial resources to combine them into a single

document. Accordingly, to synchronize the briefing schedule, there is good cause to extend by one

week Defendant’s deadline to oppose Plaintiff’s cross-motion for summary judgment.

6. Pursuant to Local Rule 7(m), undersigned counsel has conferred with Plaintiff’s

counsel, who consents to the relief requested herein.

WHEREFORE, Defendant respectfully requests that the Court enter an order extending by

one week, from October 24 to October 31, 2008, Defendant’s deadline to oppose Plaintiff’s cross-

motion for summary judgment. A proposed order is attached.

Dated: October 24, 2008 Respectfully submitted,

GREGORY G. KATSAS
Assistant Attorney General

JEFFREY A. TAYLOR
United States Attorney

JOHN R. TYLER
Senior Trial Counsel

/s/ Eric Beckenhauer

ERIC B. BECKENHAUER
Cal. Bar No. 237526
Trial Attorney

2
Case 1:07-cv-02055-JDB Document 16 Filed 10/24/2008 Page 3 of 4

U.S. Department of Justice

Civil Division, Federal Programs Branch
20 Massachusetts Ave. NW
Washington, DC 20530
Telephone: (202) 514-3338
Facsimile: (202) 616-8470
E-mail: eric.beckenhauer@usdoj.gov

Counsel for the U.S. Department of Education

3
 Case 1:07-cv-02055-JDB Document 16 Filed 10/24/2008 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on this 24th day of October 2008, I caused the foregoing document to

be served on Plaintiff’s counsel of record electronically by means of the Court’s CM/ECF system.

/s/ Eric Beckenhauer

ERIC B. BECKENHAUER
 Case 1:07-cv-02055-JDB Document 16-2 Filed 10/24/2008 Page 1 of 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
CITIZENS FOR RESPONSIBILITY )
AND ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No. 07-2055 (JDB)
)
U.S. DEPARTMENT OF EDUCATION, )
)
Defendant. )
)

[PROPOSED] ORDER

For the reasons stated in Defendant’s Consent Motion for Extension of Time, it is hereby

ORDERED that Defendant’s motion is GRANTED; and it is

FURTHER ORDERED that Defendant’s opposition to Plaintiff’s cross-motion for

summary judgment is due no later than October 31, 2008.

SO ORDERED.

Dated: ___________________________________
JOHN D. BATES
United States District Judge