EFTA01142202.pdf

Case 9:08-cv-80736-KAM Document 231 Entered on FLSD Docket 09/03/2013 Page 1 of 3 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 MOTION FOR ENLARGEMENT OF TIME TO FILE DECLARATION IN SUPPORT OF ASSERTION OF DELIBERATIVE PROCESS PRIVILEGE Respondent, by and through its undersigned counsel, files its Motion for Enlargement of Time to File Declaration in Support of Assertion of Deliberative Process Privilege, and states: I. The government has asserted the deliberative process privilege on a number of documents listed in its privilege log. Petitioners have challenged the assertion of this particular privilege, as well as the others invoked by the government. 2. Respondent's counsel has been working with the Department of Justice's Office of the Deputy Attorney General for the last two weeks, in an effort to obtain the declaration of an appropriate DOJ official, formally invoking the deliberative process privilege. The Office of the Deputy Attorney General has advised that additional time is needed to review the invocation of the deliberative process privilege. 3. Respondent respectfully requests an enlargement of time of ten (10) days, up to and including September 13, 2013, to file a declaration supporting the invocation of the deliberative process privilege. EFTA01142202 Case 9:08-cv-80736-KAM Document 231 Entered on FLSD Docket 09/03/2013 Page 2 of 3 CERTIFICATE OF CONFERENCE On September 3, 2013, the undersigned conferred with petitioners' counsel by e-mail regarding the instant motion. Petitioners do not oppose respondent's request. Respondent does not oppose petitioners obtaining additional time of ten (10) days, after receipt of the declaration, to file a reply. DATED: September 3, 2013 Respectfully submitted, WILFREDO A. FERRER UNITED STATES ATTORNEY By: s/ Dexter A. Lee DEXTER A. LEE Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street, Suite 300 Miami, Florida 33132 (305) 961-9320 Fax: (305) 530-7139 E-mail: [email protected] ATTORNEY FOR RESPONDENT CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 3, 2013, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. 5/ 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, Weissing, Edwards, Fistos & Lehrman, P.L. 2 EFTA01142203 Case 9:08-cv-80736-KAM Document 231 Entered on FLSD Docket 09/03/2013 Page 3 of 3 425 North Andrews Avenue, Suite 2 Fort Lauderdale Florida 33301 E-mail Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. •k i h 4112 E-mail: Attorneys for Jane Doe # 1 and Jane Doe # 2 Roy Black Jackie Perczek Black, Srebnick, Komspan & Stumpf, P.A. 201 South Biscayne Boulevard Suite 1300 Miami Florida 33131 mai : Attorneys for Intervenors 3 EFTA01142204