Motion - P l a i n t i f f s , v. U.S. DEPARTMENT OF HEALTH (2022-10-20)
- Date
- 2022-10-20
Summary
Defendants' Unopposed Motion for Leave to File Reply Brief in Excess of Page Limits, filed October 20, 2022 as Document 40 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. Defendants ask leave to file a reply in support of their motion to dismiss that exceeds the 15 pages generally allowed for replies under Rule 5(f) of the Galveston District Court Rules of Practice. The motion states that plaintiffs do not oppose it and cites Defendants' motion (Dkt. 25), plaintiffs' opposition (Dkt. 27) and two amicus briefs (Dkt. 31, 35-1). It is signed by Department of Justice trial attorney Isaac C. Belfer as counsel for defendants, with Oliver McDonald also in the signature block.
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“Motion - P l a i n t i f f s , v. U.S. DEPARTMENT OF HEALTH (2022-10-20).”
Original at archive.org, dated 2022-10-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-10-20-p-l-a-i-n-t-i-f-f-s-v-u-s-department-of-health/
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Case 3:22-cv-00184 Document 40 Filed on 10/20/22 in TXSD Page 1 of 3
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 Leave to File
Reply Brief in Excess of Page Limits
Defendants respectfully request that the Court grant them leave to file a 22-
page reply in support of their motion to dismiss. Under Rule 5(f) of the
Galveston District Court Rules of Practice, replies in support of a motion are
generally limited to 15 pages. Counsel for Defendants has conferred with counsel
for Plaintiffs, and Plaintiffs do not oppose this motion.
Defendants’ request is reasonable. Defendants’ 30-page motion raised
several grounds for dismissal. Dkt. 25. Plaintiffs responded with a 30-page
opposition. Dkt. 27. Also, two organizations filed amicus briefs in support of
Plaintiffs’ opposition. Dkt. 31, 35-1. Given the substantial issues raised in
Defendants’ motion and Plaintiffs’ opposition, and the arguments raised in the
amicus briefs in support of Plaintiffs’ opposition, Defendants respectfully request
leave to file a 22-page reply in support of their motion.
Case 3:22-cv-00184 Document 40 Filed on 10/20/22 in TXSD Page 2 of 3
October 20, 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
2
Case 3:22-cv-00184 Document 40 Filed on 10/20/22 in TXSD Page 3 of 3
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.
October 20, 2022 /s/ Isaac C. Belfer
Isaac C. Belfer
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