UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VERN McKINLEY, iff, v No. 1:09-ey-1263-ESH FEDERAL DEPOSIT INSURANCE. CORPORATION and BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, Defendants. October 5, 2009 MOTION FOR EXTENSIONS OF TIME AND FOR BRIEFING SCHEDULE Defendant Federal Deposit Insurance Corporation, appearing in its corporate capacity (FDIC), hereby moves the Court for a two-week extension of current deadlines and a corresponding order re-setting the briefing schedule on the cross-motions for summary judgment currently scheduled to be filed by defendant FDIC and plaintiff Vern McKinley (McKinley), Subject to the approval of the Court, and amendments that may be proposed by counsel for McKinley, the FDIC proposes the following schedule: (1) Defendant FDIC’s motion for summary judgment would be served and filed no later than October 30, 2009 (instead of October 16, 2009); (2) Plaintiff McKinley’s opposition/cross-motion for summary judgment (if any) would be served and filed no later than November 30, 2009 (instead of November 16, 2009);(3) Defendant FDIC’s reply/opposition to Plaintiff McKinley's cross-motion (if any) would be served and filed no later than December 18, 2009 (instead of December 4, 2009); and (4) Plaintiff McKinley’ reply to FDIC’s opposition to his cross-motion (iff any) would be served and filed no later than December 28, 2009 (instead of December 11, 2009). In support of this motion, Defendant FDIC states as follows: 1. The FDIC lawyer with responsibility for this case, Daniel J. Kurtenbach, was unexpectedly absent from the office on Tuesday, October 13, 2009. Although the undersigned initially had responsibility for this matter, due Mr. Kurtenbach’s prior extended absence duc to illness, she has not had responsibility for the case since his return to work earlier this year. In particular, she has not participated at all in the preparation of the FDIC’s pending motion for summary judgment. 2. Charles L. Cope, the first-line reviewer, for the pending motion is out of the office and not scheduled to return until Friday, October 16. The lawyer acting for Mr. Cope in his absence is not familiar with this matter and has not participated in any discussions regarding the pending motion. 3. In the absence of both Mr. Kurtenbach and Mr. Cope, Defendant FDIC is unable to complete preparation of its motion for summary judgment, which requires, in addition to a memorandum of points and authorities , an accompanying statement of ‘material facts as to which there is no genuine issue (LCvR 7(h), and may be accompanied by one or more declarations,4, As noted in the Rules of this Court, FOIA actions like this one typically do not require discovery or other disclosures. LCvR 16.3(b), comment. Rather, such cases are typically decided on summary judgment. It is thus in the interests of all the parties that the cross-motions for summary judgment in this case be properly prepared. ‘Therefore, ‘g00d cause exists to extend the existing deadlines as requested. 5. In light of the current procedural posture of this case, no party will be prejudiced by the requested extensions of time. 6. Pursuant to Local Rule 7(m), the undersigned contacted with counsel for Plaintiff McKinley and for Defendant Board of Governors of the Federal Reserve System. Counsel for Defendant Federal Reserve did not object. Counsel for Plaintiff McKinley agreed to contact his client but did not provide his client's position prior to the filing of this motion. ‘The FDIC is willing to amend the proposed schedule to accommodate any commitments and conflicts of McKinley's counsel or his client. WHEREFORE, Defendant FDIC respectfully requests that the Court enter an ‘order setting the dates proposed above as the deadlines for Defendant FDIC’s and Plaintiff McKinley’s cross-motions for summary judgment. A proposed order is, attached. Respectfully submitted, COLLEEN J. BOLES Assistant General Counsel Js! Ashley Doherty ‘Ashley Doherty (DC 336073) Counsel FEDERAL DEPOSIT INSURANCE CORPORATION 3501 Fairfax Drive, VS-D7026 Arlington, VA 22226October 14, 2009 ‘Tel. (703) 562-2377 Fax.: (703) 562-2477 E-mail: adoherty@fic.govCERTIFICATE OF SERVICE Thereby certify that on October 14, 2009, 2009, Defendant FDIC’s Motion for Extensions of Time and for Briefing Schedule, and the attached Proposed Order, were mailed to the following: Mr. Vern McKinley 20745 Ashburn Station Plag Ashbum, VA 20147 D - ‘Ashiéy DohertyEXHIBIT AUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VERN McKINLEY, | Plaintiff, | | : No, 1:09-cv-1263-ESH FEDERAL DEPOSIT INSURANCE CORPORATION and BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, Defendants. [PROPOSED] ORDER For the reasons stated in the Consent Motion for Extensions of Time, it is hereby ORDERED that Defendant FDIC’s Motion is Granted; and it is FURTHER ORDERED that Defendant FDIC’s motion for summary judgment is due no later than October 30, 2009; and it is FURTHER ORDERED that Plaintiff McKinley's opposition/cross-motion for summary judgment (if any) is due no later than November 30, 2009; FURTHER ORDERED that Defendant FDIC’s reply/opposition to Plaintiff McKinley's cross-motion (if any) is due no later than December 18, 2009; and it is FURTHER ORDERED that Plaintiff McKinley's reply to Defendant FDIC’s ‘opposition to cross-motion (if any) is due no later than December 28, 2009, SO ORDERED. This___day of. » 2009. ‘The Honorable Ellen Huvelle United States District Judge