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IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF ALABAMA
AMERICA’S FRONTLINE
DOCTORS, et al,
Plaintiffs,
v.
XAVIER BECERRA, et al,
Defendants.
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Case No. 2:21-cv-702-CLM
UNOPPOSED MOTION TO EXTEND TIME
FOR FILING AMENDED COMPLAINT
Come now the Plaintiffs, pursuant to F.R.Cv.P. 15(a)(2), and respectfully move
this Honorable Court for an order extending the time within which Plaintiffs may file
an amended complaint in this cause. As grounds for this motion, the Plaintiffs show
as follows:
1. Since the initiation of this case, there have been substantial changes in the
law that impacts this case and its resolution:
(A) the Alabama legislature, in the waning days of its last session, enacted a
law regarding vaccines that affected the claims of several of the initial Plaintiffs in
this case;
(B) the President of the United States on September 9, 2021, informed the
American people that mandatory vaccines for many employers and their employees
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U.S. DISTRICT COURT
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would shortly thereafter be imposed, and on this date, he issued the following
Executive Orders:
(1) Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for
Federal Contractors”, 86 Fed.Reg. 50985 (September 14, 2021); and
(2) Executive Order 14043, “Requiring Coronavirus Disease 2019
Vaccination for Federal Employees,” 86 Fed.Reg. 50989 (September 14, 2021).
(C) As one Internet media source recently stated on October 13, the
“Occupational Safety and Health Administration (OSHA) Tuesday evening sent its
vaccine mandate recommendation to the White House for review. The rule will take
effect once the Office of Management and Budget (OMB) completes its review and
it’s published in the Federal Register.”
2. Over the last several weeks, the undersigned has periodically reviewed the
daily issues of the Federal Register in an effort to locate any of these predicted
regulatory changes, but the fact of the matter is that nothing has as yet been proposed
by the relevant regulatory bodies, even to the moment of the drafting of this motion.
3. It is contemplated that these forthcoming regulations may very well have an
effect upon any amended complaint that the Plaintiffs may file herein.
4. News of an expected nationwide vaccine mandate has caused many federal
employees and federal contractor employees in the Northern District of Alabama to
express interest in joining this action as plaintiffs, but until the expected regulation
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is known which may very well affect this action, it is very difficult to frame an
amended complaint that may very well need to again be amended the day after it is
filed.
5. The lead Plaintiff in this case, America’s Frontline Doctors, one of its
original members from Alabama, and one of his patients, have clear standing and
valid claims to be asserted herein by the amended complaint. Further, some of the
current Plaintiffs are now being confronted by their employers with vaccine
mandates, but such circumstances will most likely be affected as soon as the expected
OSHA regulation[s] referenced above are published and made effective.
6. The undersigned has contacted defense counsel Isaac Belfer and Laura Smith
and been informed that they do not object to this motion to extend time to file an
amended complaint.
Wherefore, the premises considered, the Plaintiffs respectfully move the court
to extend until October 29, 2021, the time within which to file its expected amended
complaint.
Respectfully submitted this the 14th day of October, 2021.
/s/ Lowell H. Becraft, Jr.
Lowell H. Becraft, Jr.
Attorney for Plaintiffs
ASB 5005-F66L
403C Andrew Jackson Way
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Huntsville, AL 35801
256-533-2535
becraft@hiwaay.net
CERTIFICATE OF SERVICE
I hereby certify that on this date, October 14, 2021, I electronically transmitted
this pleading to the Clerk of the Court using the CM/ECF system for filing, which
will send notification of such filing to the following counsel for the Defendants:
Don B. Long, III
Assistant United States Attorney United States Attorney’s Office
Northern District of Alabama
1801 Fourth Avenue North
Birmingham, Alabama 35203
Isaac C. Belfer and Laura Katherine Smith
U.S. Department of Justice
P.O. Box 386
Washington, D.C. 20044-0386
/s/ Lowell H. Becraft, Jr.
Lowell H. Becraft, Jr.
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