Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:04-cv-01264-LTB-PAC

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01264-LTB-OES MARY M . HULL, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, Defendant.

DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Defendant, the United States Department of Labor, through its attorneys of record, hereby moves, pursuant to Rule 7(b)(1) of the Federal Rules of Civil Procedure, for a four-day extension of time, to Friday, August 19, 2005, to file its reply in support of its motion for summary judgment. As grounds for this motion, Defendant states as follows: 1. This case involves Plaintiff's Freedom of Information Act ("FOIA") request

for records compiled by the Department's Employee Benefits Security Administration ("EBSA"), concerning its investigation of the Qwest Pension Plan under the Employee Retirement Income Security Act of 1974 ("ERISA"). 2. Defendant initially withheld approximately 1,500 pages of documents

pursuant to FOIA Exemption 7(A), which protects from disclosure information compiled for law enforcement purposes to the extent the production of such information "could

Case 1:04-cv-01264-LTB-PAC

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reasonably be expected to interfere with enforcement proceedings." 5 U.S.C. § 552(b)(7)(A). 3. EBSA then closed the investigation. As a consequence, Exemption 7(A) no

longer applies to the documents previously withheld by Defendant under Exemption 7(A) concerning the investigation. 4. Defendant filed a summary judgment on the former Exemption 7(A)

material on July 11, 2005. 5. Plaintiff filed on July 29, 2005, her response to defendant's July 11, 2005

summary judgment motion. 6. Pursuant to D.C.COLO.LCivR 7.1C, defendant's reply to plaintiff's

response is due Monday, August 15, 2005. 7. Defendant's undersigned counsel was informed on the morning of August

15, 2005, that defendant has located a few additional documents which appear to be responsive to plaintiff's FOIA request. Those documents will need to be addressed in defendant's reply brief. Because undersigned counsel learned of the existence of these documents on August 15, 2005, he has not had the opportunity to consider the documents for purposes of defendant's reply. 8. Consequently, Defendant respectfully requests the opportunity to file its

reply in support of its motion for summary judgment on Friday, August 19, 2005. 8. Defendant left a message for plaintiff's counsel, informing him that

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Case 1:04-cv-01264-LTB-PAC

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defendant would be filing this motion, but Defendant did not receive a response from plaintiff prior to filing this motion with the Court. Dated: This 15 th day of August, 2005. Respectfully submitted, WILLIAM J. LEONE Acting United States Attorney

s/ Michael C. Johnson Michael C. Johnson Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected] Counsel for Defendant

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Case 1:04-cv-01264-LTB-PAC

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CERTIFICATE OF SERVICE I hereby certify that on this 15 th day of August, 2005, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system. I also hereby certify that on this 15 th day of August, 2005, I placed the foregoing document in the U.S. Mail, postage paid, to the following non CM/ECF participants at the following addresses:

Curtis L. Kennedy 8405 E. Princeton Avenue Denver, Colorado 80237-1741

Jennifer Toth, Esq. Office of the Solicitor U.S. Department of Labor Washington, D.C.

s/ Michael C. Johnson Michael C. Johnson Attorney for Defendant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected]

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