Motion - P l a i n t i f f s , v. U.S. DEPARTMENT OF HEALTH (2022-10-07)

Summary

Defendants' unopposed motion for an extension of time to file their reply in support of their motion to dismiss, filed September 30, 2022 as Document 32 in Robert L. Apter, et al. v. U.S. Department of Health and Human Services, et al., Case No. 3:22-cv-184, in the U.S. District Court for the Southern District of Texas, Galveston Division, before Judge Jeffrey V. Brown. The defendants ask to move the reply deadline from October 7, 2022 to October 21, 2022, and state that the plaintiffs do not oppose. The motion recounts the briefing schedule (ECF No. 24), the motion to dismiss (ECF No. 25), the opposition (ECF No. 27) and the court's grant of leave for the Association of American Physicians and Surgeons to file an amicus brief (ECF No. 30). It is signed by Isaac C. Belfer of the Justice Department's Consumer Protection Branch.

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Full text

     Case 3:22-cv-00184 Document 32 Filed on 09/30/22 in TXSD Page 1 of 4




                    UNITED STATES DISTRICT COURT
                 FOR THE SOUTHERN DISTRICT OF TEXAS
                         GALVESTON DIVISION


ROBERT L. APTER, et al.,

                          Plaintiffs,        Case No. 3:22-cv-184

       v.                                    JUDGE JEFFREY V. BROWN

 U.S. DEPARTMENT OF HEALTH
 AND HUMAN SERVICES, et al.,

                          Defendants.


Defendants’ Unopposed Motion for an Extension of Time to File Their Reply
                 in Support of Their Motion to Dismiss

    Defendants respectfully request that the Court extend the deadline for their

reply in support of their motion to dismiss from October 7, 2022, to October 21,

2022. Defendants conferred with Plaintiffs, and Plaintiffs stated that they do not

oppose this request.

    On August 19, 2022, the Court granted the parties’ Joint Unopposed Motion

for a Briefing Schedule for Defendants’ Motion to Dismiss. ECF No. 24. Pursuant

to the schedule set by the Court, Defendants filed their motion to dismiss on

August 26, 2022, ECF No. 25, and Plaintiffs filed their opposition to Defendants’




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     Case 3:22-cv-00184 Document 32 Filed on 09/30/22 in TXSD Page 2 of 4




motion to dismiss on September 23, 2022, ECF No. 27. Defendants’ reply in

support of their motion to dismiss is currently due October 7, 2022.1

    On September 29, 2022, the Association of American Physicians and

Surgeons (“AAPS”) filed an unopposed motion for leave to file an amicus brief in

support of Plaintiffs and in opposition to Defendants’ motion to dismiss, along

with its proposed amicus brief. ECF Nos. 29, 29-1. On September 30, 2022, the

Court granted AAPS leave to file its amicus brief. ECF No. 30. Defendants have

been informed that another third party also intends to seek leave to file an

amicus brief in support of Plaintiffs and in opposition to Defendants’ motion to

dismiss by October 7, 2022.

    To provide Defendants adequate time to prepare a reply that responds to

Plaintiffs’ opposition, AAPS’s amicus brief, and the additional amicus brief that

is expected to be filed by October 7, 2022, Defendants respectfully request that

the Court extend the deadline for their reply to October 21, 2022.2




    1 At the initial conference on September 14, 2022, the Court stayed discovery

until it issues a ruling on Defendants’ motion to dismiss.
    2 Defendants reserve the right to seek leave to file a reply exceeding 15 pages

after reviewing both amicus briefs. Plaintiffs have agreed not to object to a
motion for leave to file a reply of 20 pages. If Defendants determine, after
reviewing both amicus briefs, that more than 20 pages are required to adequately
respond to Plaintiffs’ opposition and both amicus briefs, they will confer with
Plaintiffs about a request for additional pages for the reply.

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    Case 3:22-cv-00184 Document 32 Filed on 09/30/22 in TXSD Page 3 of 4




September 30, 2022                       Respectfully submitted,

                                         /s/ Isaac C. Belfer
                                         ISAAC C. BELFER
                                            Attorney-In-Charge
                                            D.C. Bar No. 1014909
                                         OLIVER MCDONALD
                                            Of Counsel
                                            N.Y. Bar No. 5416789
                                         Trial Attorneys
                                         Consumer Protection Branch
                                         Civil Division
                                         U.S. Department of Justice
                                         PO Box 386
                                         Washington, DC 20044-0386
                                         (202) 305-7134 (Belfer)
                                         (202) 305-0168 (McDonald)
                                         (202) 514-8742 (fax)
                                         Isaac.C.Belfer@usdoj.gov
                                         Oliver.J.McDonald@usdoj.gov

                                         Counsel for Defendants




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     Case 3:22-cv-00184 Document 32 Filed on 09/30/22 in TXSD Page 4 of 4




                           CERTIFICATE OF SERVICE

    I hereby certify that this document, filed through the CM/ECF system, will

be sent via electronic mail to the registered participants as identified on the

Notice of Electronic Filing.



    September 30, 2022                        /s/ Isaac C. Belfer
                                              Isaac C. Belfer


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