Defendants' Consent Motion for Extension of Time — Skyworks, Ltd., et al. v. Centers for Disease Control and Prevention (Doc 59)

Date: 2021-03-10

Summary

Defendants' consent motion for extension of time in Skyworks, Ltd., et al. v. Centers for Disease Control and Prevention, et al., Case No. 5:20-cv-2407, in the U.S. District Court for the Northern District of Ohio, Eastern Division, filed April 23, 2021 as Doc #: 59 before Judge J. Philip Calabrese. The defendants ask for three more days, until April 29, 2021, to respond to the plaintiffs' motion to clarify or amend the judgment, and state that the plaintiffs consent. The motion recounts that judgment was entered for the plaintiffs on March 10, 2021 (ECF No. 55) and that the plaintiffs' Rule 59(e) motion (ECF No. 57) asks to extend relief to other parties nationwide. It argues good cause because the request raises the federal COVID-19 response and the scope of relief under the Administrative Procedure Act. It is signed by Trial Attorney Leslie Cooper Vigen.

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“Defendants' Consent Motion for Extension of Time — Skyworks, Ltd., et al. v. Centers for Disease Control and Prevention (Doc 59).” Original at archive.org, dated 2021-03-10. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-10-plaintiffs-v-centers-for-disease-control-and/, SHA-256 8f60bb3f02b986c6269ae2dfafa3763c94e11f16aa001a64c485952527eb37b4.

Full text

Case: 5:20-cv-02407-JPC Doc #: 59 Filed: 04/23/21 1 of 3. PageID #: 1970

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

SKYWORKS, LTD., et al.,

Plaintiffs,
Case No. 5:20-cv-2407
v.
Judge J. Philip Calabrese
CENTERS FOR DISEASE CONTROL AND
PREVENTION, et al., Magistrate Judge Carmen E. Henderson

Defendants.

DEFENDANTS’ CONSENT MOTION FOR EXTENSION OF TIME

Defendants respectfully request a three-day extension of time, from April 26 to 29, 2021, to

respond to Plaintiffs’ motion to amend or clarify the judgment. Plaintiffs consent to this request. In

support of this motion, Defendants submit the following:

1. On March 10, 2021, the Court entered judgment in favor of Plaintiffs, ECF No. 55,

along with an accompanying opinion and order, ECF No. 54.

2. Under Federal Rule of Civil Procedure 59(e), “[a] motion to alter or amend a judgment

must be filed no later than 28 days after the entry of the judgment.” Fed. R. Civ. P. 59(e). On April 7,

2021, 28 days after entry of the Court’s judgment, Plaintiffs filed a motion to clarify or amend. ECF

No. 57.

3. On April 8, 2021, the Court directed Defendants to file any response to Plaintiffs’

motion within 19 days, by April 26, 2021. See Apr. 8 Order. The Court noted that “[i]f Defendants

need additional time to respond, the Court will entertain a motion for a reasonable extension after the

parties have conferred on a proposed response date.” Id.

4. On April 22, 2021, counsel for Defendants conferred with counsel for Plaintiffs via

email regarding a three-day extension of time, until April 29, 2021. Counsel for Plaintiffs indicated
Case: 5:20-cv-02407-JPC Doc #: 59 Filed: 04/23/21 2 of 3. PageID #: 1971

that they consent to such an extension.

5. Good cause exists for this short extension of time. Plaintiffs’ motion does not dispute

that Plaintiffs themselves have been granted full relief, see ECF No. 57, at 3 & n.1, but asks the Court

to extend that relief to other parties, on a nationwide basis. That extraordinary request implicates two

issues of significant importance—the federal government’s ongoing response to COVID-19, and the

appropriate scope of relief under the Administrative Procedure Act. Moreover, Plaintiffs would not

be prejudiced by a brief extension, having used the full 28 days permitted under Rule 59(e) to file their

motion; this extension, if granted, would give Defendants a total of 22 days to respond. Under the

circumstances, Defendants respectfully submit that there is good cause for a modest extension of

time to finalize their opposition.

6. In light of these facts, Defendants respectfully request a three-day extension of time,

until April 29, 2021, to respond to Plaintiffs’ motion to clarify or amend the judgment.

Dated: April 23, 2021 Respectfully submitted,

BRIAN M. BOYNTON
Acting Assistant Attorney General

ERIC BECKENHAUER
Assistant Director, Federal Programs Branch

/s/ Leslie Cooper Vigen
LESLIE COOPER VIGEN
Trial Attorney (DC Bar No. 1019782)
STEVEN A. MYERS
Senior Trial Counsel (NY Bar No. 4823043)
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

2
Case: 5:20-cv-02407-JPC Doc #: 59 Filed: 04/23/21 3 of 3. PageID #: 1972

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: April 23, 2021

/s/ Leslie Cooper Vigen
Trial Attorney

File and source

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Our copy: gov.uscourts.ohnd.271237.59.0.pdf
Original: archive.org