Opinion
2:23-CV-00455-ART-DJA
07-24-2023
MICHELLE PRZYBOCKI, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants.
Brian M. Boynton Principal Deputy Assistant Attorney General Jason M. Frierson United States Attorney Julie Straus Harris Assistant Branch Director Eric Beckenhauer Assistant Branch Director Elizabeth Tulis Trial Attorney (NY Bar) U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION Federal Programs Branch Counsel for Defendants Justin M. Pearson INSTITUTE FOR JUSTICE Paul M. Sherman* Elizabeth L. Sanz* INSTITUTE FOR JUSTICE Matthew T. Dushoff (NV Bar No. 4975) SALTZMAN MUGAN DUSHOF *Admitted pro hac vice Counsel for Plaintiffs
Brian M. Boynton Principal Deputy Assistant Attorney General Jason M. Frierson United States Attorney Julie Straus Harris Assistant Branch Director Eric Beckenhauer Assistant Branch Director Elizabeth Tulis Trial Attorney (NY Bar) U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION Federal Programs Branch Counsel for Defendants
Justin M. Pearson INSTITUTE FOR JUSTICE Paul M. Sherman* Elizabeth L. Sanz* INSTITUTE FOR JUSTICE Matthew T. Dushoff (NV Bar No. 4975) SALTZMAN MUGAN DUSHOF *Admitted pro hac vice Counsel for Plaintiffs
ORDER APPROVING STIPULATION TO EXTEND TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANTS' MOTION TO DISMISS (SECOND REQUEST) AND DEFENDANTS TO FILE REPLY (FIRST REQUEST)
Anne R. Traum United States District Court Judge
This case involves claims against numerous federal government defendants, and the Defendants have filed a motion to dismiss which, in turn, asserts numerous alternative arguments.
Plaintiffs' deadline to respond to Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction, Failure to State a Claim, and Improper Venue (ECF No. 37) is August 4, pursuant to a previous stipulation.
Given the number and complexity of the issues involved in this lawsuit, Defendants' Motion, and Plaintiffs' forthcoming response, Plaintiffs respectfully request a 14-day extension of time, from August 4 to August 18, 2023, for Plaintiffs to file their response to Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction, Failure to State a Claim, and Improper Venue. ECF No. 37.
Plaintiffs' counsel conferred with Defendants' counsel, who consent to this extension, provided that Defendants' reply deadline is extended from August 25 to September 18, 2023. This is Plaintiffs' second request for extension in that Plaintiffs received an extension as part of an earlier extension requested by, and granted to, Defendants, but this is the first request for extension of time initiated by Plaintiffs. This is also the first request for extension of time for Defendants to file their reply.
Accordingly, the parties stipulate as follows:
1. Plaintiffs' deadline to file their response to Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction, Failure to State a Claim, and Improper Venue is extended from August 4, 2023, to August 18, 2023.
2. Defendants' deadline to file their reply to their Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction, Failure to State a Claim, and Improper Venue is extended from August 25, 2023, to September 18, 2023.
IT IS SO STIPULATED.
IT IS SO ORDERED.