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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
RICHARD LEE BROWN et al.,
Plaintiffs,
v.
ALEX AZAR, in his official capacity as
Secretary U.S. Department of Health &
Human Services et al.,
Defendants.
Case No. 1:20-cv-3702-JPB
DEFENDANTS’ CONSENT MOTION FOR LEAVE
TO FILE EXCESS PAGES
Defendants respectfully request an extension of the page limitations set
forth in Local Civil Rule 7.1(D) in connection with their forthcoming opposition to
Plaintiffs’ motion for preliminary injunction. See ECF No. 18. Counsel for the
parties have conferred, and Plaintiffs consent to this request. In support of this
motion, Defendants submit the following:
1. On September 8, 2020, Plaintiff Richard Lee Brown filed a complaint in the
above-captioned matter. ECF No. 1. On that same day, Plaintiff filed a motion
for temporary restraining order and preliminary injunction, ECF. No. 6, along with
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a motion for leave to file a motion and memorandum of law in excess of 25 pages,
ECF No. 5.
2. On September 18, prior to the Court taking action on these motions, Plaintiff
Brown voluntarily withdrew the motion for temporary restraining order or
preliminary injunction, ECF No. 13, and filed an amended complaint adding new
plaintiffs and an additional cause of action, ECF No. 12.
3. On that same day, Plaintiffs filed a new motion for preliminary injunction,
ECF No. 14, and a new motion for leave to file a motion and memorandum of law
in excess of 25 pages, ECF No. 15. As to the latter motion, Plaintiffs sought leave
to file a 39-page memorandum of law in support of their motion for preliminary
injunction. ECF No. 15. Plaintiffs cited “complex statutory and constitutional
claims,” as well as the requirement to address the need for emergency relief, as the
bases for their request for additional pages. Id. at ¶¶ 4–5. Defendants
consented to Plaintiffs’ page-extension request. Id. at ¶ 7.
4. The Court granted Plaintiffs’ request to extend page limitations on
September 18, 2020. ECF No. 17. Plaintiffs filed a 39-page memorandum of law
the same day. ECF No. 18-1. The Court also set a briefing schedule for the
preliminary injunction motion, ordering Defendants to respond to Plaintiffs’
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motion no later than October 2, 2020. Id. The Court provided Plaintiffs until
October 16, 2020 to file an optional reply. Id. According to Local Rule 7.1(D),
should Plaintiffs choose to file a reply brief, that memorandum may be as long as
15 pages. N.D. Ga. LR 7.1(D).
5. Defendants’ response to Plaintiffs’ motion necessarily addresses the same
statutory and constitutional claims addressed in Plaintiffs’ memorandum of law,
as well as the same factors to explain why preliminary injunctive relief is not
appropriate in this matter. Defendants’ response also raises jurisdictional and
procedural issues not covered in Plaintiffs’ memorandum.
6. In light of these facts, Defendants respectfully request leave to file a
memorandum of law in opposition to Plaintiffs’ preliminary injunction motion
that will be no more than 47 pages in length.
7. Counsel for the parties have conferred regarding this request, and Plaintiffs
have indicated that they consent to it.
Dated: October 1, 2020
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
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ERIC BECKENHAUER
Assistant Director, Federal Programs
Branch
/s/ Leslie Cooper Vigen
LESLIE COOPER VIGEN
Trial Attorney (DC Bar No. 1019782)
United States Department of Justice
Civil Division, Federal Programs
Branch
1100 L Street NW
Washington, DC 20005
Tel: (202) 305-0727
Fax: (202) 616-8470
E-mail: leslie.vigen@usdoj.gov
Counsel for Defendants
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CERTIFICATE OF COMPLIANCE
I hereby certify, pursuant to Local Rules 5.1 and 7.1(D), that I prepared the
foregoing brief using Book Antiqua, 13-point font.
/s/ Leslie Cooper Vigen_____________
LESLIE COOPER VIGEN
United States Department of Justice
CERTIFICATE OF SERVICE
I hereby certify I served this document today by filing it using the Court’s
CM/ECF system, which will automatically notify all counsel of record.
Dated: October 1, 2020
/s/ Leslie Cooper Vigen
LESLIE COOPER VIGEN
United States Department of Justice
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