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    Motion by Appellee Board of Governors For Extension of Time To File Brief (Lawsuit #1)

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    Vern McKinley
    The document is a motion filed by the appellee requesting a 4-day extension to file their brief. It provides details on the attorneys' responsibilities for other cases and one attorney's injury requiring medical care. The appellant's counsel does not oppose the requested extension.

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    Motion by Appellee Board of Governors For Extension of Time To File Brief (Lawsuit #1)

    Uploaded by

    Vern McKinley
    29 views4 pages
    The document is a motion filed by the appellee requesting a 4-day extension to file their brief. It provides details on the attorneys' responsibilities for other cases and one attorney's injury requiring medical care. The appellant's counsel does not oppose the requested extension.

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    Motion by Appellee Board of Governors for Extension of Time to File Brief to 4 March 2011

    Original Title

    Motion by Appellee Board of Governors for Extension of Time to File Brief (Lawsuit #1)

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    The document is a motion filed by the appellee requesting a 4-day extension to file their brief. It provides details on the attorneys' responsibilities for other cases and one attorney's injury requiring medical care. The appellant's counsel does not oppose the requested extension.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    29 views4 pages

    Motion by Appellee Board of Governors For Extension of Time To File Brief (Lawsuit #1)

    Uploaded by

    Vern McKinley
    The document is a motion filed by the appellee requesting a 4-day extension to file their brief. It provides details on the attorneys' responsibilities for other cases and one attorney's injury requiring medical care. The appellant's counsel does not oppose the requested extension.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 1

    IN THE UNITED STATES COURT OF APPEALS


    FOR THE DISTRICT OF COLUMBIA CIRCUIT

    ________________________________________
    )
    VERN MCKINLEY, )
    )
    Plaintiff-Appellant, )
    )
    v. ) No. 10-5353
    )
    BOARD OF GOVERNORS OF THE )
    FEDERAL RESERVE SYSTEM, )
    )
    Defendant-Appellee, )
    )
    )
    ________________________________________)

    UNOPPOSED MOTION FOR A 4-DAY EXTENSION OF TIME


    IN WHICH TO FILE THE APPELLEE’S BRIEF

    For the reasons set forth below, appellee respectfully moves

    for a 4-day extension of time, to and including March 4, 2011, to

    file its brief. Appellee’s brief is currently due on February

    28, 2011. Appellee has not previously requested any extension of

    time. Counsel for the appellant does not oppose this motion.

    1. The requested 4-day extension is necessary to ensure

    adequate time to prepare and file appellee’s brief. Samantha

    Chaifetz and Mark Stern are the attorneys on the Civil Division’s

    Appellate Staff with responsibility for the preparation of

    appellee’s brief.

    2. In addition to the brief currently due in this case on

    February 28th, Ms. Chaifetz and Mr. Stern have responsibility for

    two other significant appellate briefs due on the same day


    Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 2

    (February 28), and extensions are not available in either case:

    Ms. Chaifetz and Mr. Stern are responsible for nine consolidated

    and expedited appeals in the Fourth Circuit in which the

    government’s reply brief is due February 28, 2011, and oral

    argument has been scheduled for March 22, 2011. United States v.

    Broncheau et al., Nos. 10-7611, 10-7616, 10-7617, 10-7618,

    10-7619, 10-7620, 10-7621, 10-7622, 10-7623 (4th Cir.) (appealing

    the district court’s construction of 18 U.S.C. § 4248). Ms.

    Chaifetz and Mr. Stern also have significant responsibilities

    related to Virginia v. Sebelius, Nos. 11-1057, 11-1058 (4th Cir.)

    (appealing a district court ruling holding the minimum coverage

    provision of the Patient Protection and Affordable Care Act, the

    2010 health care legislation, unconstitutional), in which the

    government’s opening brief is due February 28, 2011.

    Further, Ms. Chaifetz and Mr. Stern have had responsibility

    for other recent filings. On February 18, 2011, Ms. Chaifetz and

    Mr. Stern filed the government’s brief in Liberty Univ., et al.

    v. Geithner, No. 10-2347 (4th Cir.) (defending the

    constitutionality of the Patient Protection and Affordable Care

    Act).

    3. On February 5, 2011, Ms. Chaifetz sustained a

    substantial injury to her index finger, which required an

    emergency medical procedure and has required continuing medical

    care at Georgetown University Hospital’s Center for Hand & Elbow

    -2-
    Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 3

    Specialists.

    4. Ms. Chaifetz has spoken to counsel for the appellant,

    and they do not oppose this request for a 4-day extension.

    5. For the foregoing reasons, appellee requests that the

    time to file its brief be extended by 4 days to March 4, 2011.

    Respectfully submitted,

    MARK B. STERN
    (202) 514-5089

    /s/ Samantha Chaifetz


    SAMANTHA CHAIFETZ
    (202) 514-4821
    [email protected]

    Attorneys, Appellate Staff


    Civil Division
    Department of Justice
    950 Pennsylvania Ave. NW, Room 7248
    Washington, D.C. 20530-0001

    FEBRUARY 2011
    Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 4

    CERTIFICATE OF SERVICE

    I hereby certify that on this 22nd day of February, 2011, I

    filed the foregoing motion using the Court’s electronic filing

    system. A copy will be automatically served on the following

    counsel through the CM/ECF system:

    Paul J. Orfanedes
    Michael Bekesha
    Judicial Watch, Inc.
    425 Third Street, S.W., Suite 800
    Washington, D.C. 20024

    /s/ Samantha Chaifetz


    Samantha Chaifetz
    Attorney, Appellate Staff
    Civil Division
    Department of Justice
    950 Pennsylvania Ave. NW, Room 7248
    Washington, D.C. 20530-0001
    (202) 514-4821
    [email protected]

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