Defendants’ Opposed Motion for Extension of Time

Page 1

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

CHRISTOPHER DANIEL McNOSKY, and SVEN STRICKER, Plaintiffs, v.

TEXAS GOVERNOR RICK PERRY, et al

Defendants.

§ § § § § § § § §

Case No. 1:13-CV-0631 SS

DEFENDANTS’ OPPOSED MOTION FOR EXTENSION OF TIME TO FILE

RESPONSE AND OBJECTIONS TO PLAINTIFFS’ AMENDED MOTI ON FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCT ION

TO THE HONORABLE SAM SPARKS:

Defendants Texas Governor Rick Perry, and Texas Attorney General Greg Abbott in

their official capacities only request the Court grant an extension of time in which to respond to

Plaintiffs’ Amended Motion for Temporary Restraining Order and Preliminary Injunction to and

including December 27, 2013. In support Defendants states:

1. Plaintiffs served their Amended Temporary Restraining Order and Preliminary Injunction

on November 23, 2013. They had already filed an injunction application to which

Defendants have already responded. Instead of filing a Reply, Plaintiff elected to amend

their entire motion and add a number of affidavits.

2. Pursuant to Local Court Rule CV-7(e)(2) of the Western District of Texas, Defendants

response to Plaintiffs’ Motion for Temporary Restraining Order and Preliminary

Injunction is due on or before November 30, 2013.

3. Defendants’ counsel needs additional time in which to prepare an adequate response to

Case 1:13-cv-00631-SS Document 27 Filed 11/26/13 Page 1 of 4

Defendants’ Opposed Motion for Extension of Time

Page 2

the Amended Motion for Temporary Restraining Order and Preliminary Injunction

because on November 22, 2013, in the companion case of De Leon et al v. Perry et al,

the Plaintiffs in that case running on a parallel track to this case filed their 61 page

Motion for Preliminary Injunction which raises the same Constitutional challenges as

does this case, and for which Defendants’ counsel sought and received from opposing

counsel their consent to file an unopposed motion seeking a four-week extension until

December 27, 2013 to file their Response and objections. Because this case raises the

same issue and is part of the same motion for consolidation pending, Defendants

requested the same length of extension in this case, and so far, Plaintiffs have not

responded to that request.

WHEREFORE, Defendants request the Court to grant an extension of time to and including

December 27, 2013, in which to respond to and file objections to Plaintiffs’ Amended Motion for

Temporary Restraining Order and Preliminary Injunction.

Respectfully Submitted,

GREG ABBOTT Attorney General of Texas DANIEL T. HODGE First Assistant Attorney General DAVID C. MATTAX

Deputy Attorney General for Defense Litigation

JAMES “BEAU” ECCLES Division Chief - General Litigation /s/ William T. Deane

WILLIAM T. DEANE Texas Bar No. 05692500 Assistant Attorney General

Case 1:13-cv-00631-SS Document 27 Filed 11/26/13 Page 2 of 4

Defendants’ Opposed Motion for Extension of Time

Page 3

General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 936-1534 (512) 320-0667 FAX bill.deane@texasattorneygeneral.gov ATTORNEY FOR DEFENDANTS

CERTIFICATE OF CONFERENCE

I hereby certify that, on November 25, 2013, and again on November 26, 2013, counsel

for Defendants Perry and Abbott attempted to confer with Plaintiffs regarding their request to

extend the time to file a responsive pleading to Plaintiffs’ Amended Motion for Temporary

Restraining Order and Preliminary Injunction. Plaintiffs have not yet responded by the date of

the filing of this motion. Accordingly, the undersigned counsel and Plaintiffs were unable to

agree about the disposition of the instant motion.

/s/ William T. Deane

WILLIAM T. DEANE Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that on November 26, 2013, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will send notification of such filing to:

Christopher Daniel McNosky 5108 Pleasant Run Colleyville, Texas 76034 Sven Stricker 3047 Bent Tree Ct Bedford, Texas 76021 Attorneys for Plaintiffs

Case 1:13-cv-00631-SS Document 27 Filed 11/26/13 Page 3 of 4

Defendants’ Opposed Motion for Extension of Time

Page 4

Mary Louise Garcia Office of Public Records and Civil Courts 1895 Courthouse 100 W. Weatherford Fort Worth, TX 76196

/s/ William T. Deane WILLIAM T. DEANE

Case 1:13-cv-00631-SS Document 27 Filed 11/26/13 Page 4 of 4

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

CHRISTOPHER DANIEL McNOSKY, and SVEN STRICKER, Plaintiffs, v.

TEXAS GOVERNOR RICK PERRY, et al

Defendants.

§ § § § § § § § §

Case No. 1:13-CV-0631 SS

ORDER

The Court has before it Defendants’ Opposed Motion For Extension of Time to File

Response and Objections to Plaintiffs’ Amended Motion for Temporary Restraining Order and

Preliminary Injunction. Having considered the Motion, the Court is of the opinion it should be

GRANTED.

It is therefore ORDERED that Defendants shall have until December 27, 2013 to file

their responsive pleading and objections to the Plaintiffs’ Amended Motion for Temporary

Restraining Order and Preliminary Injunction.

SIGNED this _____ day of November, 2013.

____________________________________ THE HONORABLE SAM SPARKS UNITED STATES DISTRICT JUDGE

Case 1:13-cv-00631-SS Document 27-1 Filed 11/26/13 Page 1 of 1