Motion for Extension of Time to File Response/Reply, Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-01002 (D.D.C.), Doc. 9 (April 22, 2020)

Summary

Defendant Steven Mnuchin, Secretary of the Treasury, moves for an extension of the briefing and hearing deadlines on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction in Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-1002-APM. Defendant represents that it has not yet arrived at a final decision on whether Alaska native corporations qualify as "Tribal governments" under Title V of the CARES Act. It also represents that no payment has been made to Tribal governments from the Coronavirus Relief Fund and that payments will be made no sooner than Tuesday, April 28, 2020. Plaintiffs do not consent to the requested dates but would consent to a briefer extension, which Defendant asks for in the alternative. Jason C. Lynch signs as Trial Attorney.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

          Case 1:20-cv-01002-APM Document 9 Filed 04/22/20 Page 1 of 2



                           UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF COLUMBIA


 CONFEDERATED TRIBES OF THE
 CHEHALIS RESERVATION et al.,

                       Plaintiffs,

        v.                                          Case No. 1:20-cv-1002-APM

 STEVEN MNUCHIN, in his official capacity
 as Secretary of the Treasury,

                       Defendant.


                               MOTION FOR EXTENSION OF TIME
       Defendant regrets the late nature of this filing, but the Parties have been conferring on a

path forward in an attempt to reach agreement. By minute order dated April 20, 2020, the Court

set the following deadlines for briefing Plaintiffs’ Motion for Temporary Restraining Order and

Preliminary Injunction (ECF No. 3):

       • Defendant’s Opposition: April 22, 2020 by 5:00 p.m.;

       • Plaintiffs’ Reply brief, if any: April 23, 2020 by 12:00 p.m.; and

       • Hearing on Motion: April 23, 2020 at 3:00 p.m.
       Defendant hereby moves the Court for an extension of those deadlines. Defendant

represents that it has not yet arrived at a final decision on the question whether Alaska native

corporations qualify as “Tribal governments” under Title V of the CARES Act, Pub. L. 116-136,

codified as Subchapter VI of the Social Security Act, at 42 U.S.C. § 801. Defendant further

represents that no payment has yet been made to Tribal governments from the Coronavirus Relief

Fund and that such payments will be made no sooner than Tuesday, April 28, 2020. The delay in

payment is occasioned, in part, on issues arising from certain of the funding submissions made to

Treasury that are unrelated to this case and that must be resolved before payments can issue.



                                                1
          Case 1:20-cv-01002-APM Document 9 Filed 04/22/20 Page 2 of 2




       Wherefore, Defendant respectfully requests that the Court extend the deadlines as follows:

       • Defendant’s Opposition: April 24, 2020 by 5:00 p.m.;

       • Plaintiffs’ Reply brief, if any: April 26, 2020 by 12:00 p.m.; and

       • Hearing on Motion: April 27, 2020 at a time convenient for the Court.

       Defendant continues to work with dispatch to arrive at a final decision, and intends to do

so before any response is filed to Plaintiffs’ Motion. Defendant has conferred with Plaintiffs, who

do not consent to these dates because they are “concerned about Defendant’s ability to disburse

funds to Tribal governments after the statutory deadline.”

       Plaintiffs would consent, however, to a briefer extension if acceptable to the Court.

Wherefore, Defendant asks in the alternative that the Court set the following deadlines, to which

Plaintiffs consent:

       • Defendant’s Opposition: April 23, 2020 by 5:00 p.m.;

       • Plaintiffs’ Reply brief, if any: April 24, 2020 by 12:00 p.m.; and

       • Hearing on Motion: April 24, 2020 at a time convenient for the Court.



Dated: April 22, 2020                                Respectfully submitted,

                                                     JOSEPH H. HUNT
                                                     Assistant Attorney General

                                                     ERIC WOMACK
                                                     Assistant Branch Director

                                                     /s/ Jason C. Lynch
                                                     Jason C. Lynch (D.C. Bar No. 1016319)
                                                     Trial Attorney
                                                     United States Department of Justice
                                                     Civil Division, Federal Programs Branch
                                                     1100 L Street NW, Rm. 11214
                                                     Washington, DC 20005
                                                     Tel: (202) 514-1359
                                                     Email: Jason.Lynch@usdoj.gov

                                                     Attorneys for Defendants



                                                2


File and source

File

9-motion-for-extension-of-time-to-file-response-reply.pdf

Size

43,701 bytes

SHA-256

c21134749513e8d1d73216892d4e35512e7d927f920e0ca8d883e288d0bb6c2d

Our copy

9-motion-for-extension-of-time-to-file-response-reply.pdf

Original

storage.courtlistener.com