EFTA01081208.pdf

Case 9:08-cv-80736-KAM Document 241 Entered on FLSD Docket 10/04/2013 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, Petitioners, vs. UNITED STATES OF AMERICA, Respondent. RESPONDENT'S FOURTH MOTION FOR ENLARGEMENT OF TIME TO FILE DECLARATION IN SUPPORT OF DELIBERATIVE PROCESS PRIVILEGE Respondent, by and through its undersigned counsel, files its Fourth Motion for Enlargement of Time to File Declaration in Support of Deliberative Process Privilege, and states: I. On September 23, 2013, this Court granted the government's motion for enlargement of time to file declaration in support of invocation of the deliberative process privilege. The Court granted the government until Friday, October 4, 2013, to file the declaration. ■. 240. 2. The undersigned had prepared a draft declaration for review by Department of Justice components, including the Office of the Deputy Attorney General (ODAG)), and Office of Professional Responsibility (OPR), and also provided the OPR documents for which the deliberative process privilege had been invoked. The draft and documents were being reviewed in preparation for final approval by the ODAG, and filing by October 4, 2013. 3. On October I, 2013, the federal government shutdown commenced. Due to the lapse in appropriations, many officials at OPR and the ODAG were furloughed. At mid-week, the undersigned found out that the ODAG official he was working with had been furloughed, as well as the OPR official who had been the main point of contact for obtaining the declaration. The EFTA01081208 Case 9:08-cv-80736-KAM Document 241 Entered on FLSD Docket 10/04/2013 Page 2 of 4 undersigned has located senior level officials at ODAG and OPR, who have not been furloughed, to seek their assistance in obtaining the declaration. 4. The undersigned has briefed the ODAG official on the privilege issue, the CVRA litigation, and the documents which are the subject of the privilege assertion. Because the process is essentially starting over, the government needs an additional two weeks, up to and including October 18, 2013, to file the declaration invoking the deliberative process privilege. This additional time will permit the ODAG to fully review the matter, pose any questions to the undersigned, and make its determination. 5. Accordingly, the government respectfully requests an enlargement of time of fourteen days, up to and including October 18, 2013, to file its declaration from the DOJ in support of the deliberative process privilege. CERTIFICATE OF CONFERENCE On October 4, 2013, the undersigned contacted petitioners' counsel regarding the instant motion. Petitioners' counsel graciously did not oppose this motion. At present, petitioners' reply in support of their renewed motion for an order directing the U.S. Attorney's Office not to withhold relevant evidence is due on October 15, 2013, ten days after the filing of the government's declaration. ■. 240. In the event the Court grant's the government's motion, the government respectfully requests that petitioners' date for filing their reply be enlarged to October 28, 2013. DATED: October 4, 2013 Respectfully submitted, WILFREDO A. FERRER UNITED STATES ATTORNEY By: s/ Dexter A. Lee DEXTER A. LEE Assistant U.S. Attorney 2 EFTA01081209 Case 9:08-cv-80736-KAM Document 241 Entered on FLSD Docket 10/04/2013 Page 3 of 4 ATTORNEY FOR RESPONDENT CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 4, 2013, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. s/ Dexter A. Lee DEXTER A. LEE Assistant U.S. Attorney SERVICE LIST Jane Does 1 and 2 v. United States, Case No. 08-80736-CIV-MARRA/JOHNSON United States District Court, Southern District of Florida Bradley J. Edwards, Esq., Farmer, Jaffe, Weissin Edwards, Fistos & Lehrman, Paul G. Cassell S.J. Quinney College of Law at the University of Utah Attorneys for Jane Doe # 1 and Jane Doe # 2 Roy Black Jackie Perczek Black, Srebnick, Komspan & Stumpf, ■ 3 EFTA01081210 Case 9:08-cv-80736-KAM Document 241 Entered on FLSD Docket 10/04/2013 Page 4 of 4 Attorneys for Intervenors 4 EFTA01081211