UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

--------------------------------------------------------------------- )(
BROOI<:L YN OFFICE
DUSTIN J. O'BRIEN,
Plaintiff,
-against-
EDDIE B. CALVO, JOHN CAMACHO, GUAM
DEPARTMENT OF REVENUE AND TAXATION, THE
LEGISLATURE OF GUAM, and THE UNITED STATES
OF AMERICA
Defendants.
ROSS, United States District Judge:
: 12-CV-2700 (ARR)
)(
NOT FOR ELECTRONIC
OR PRINT PUBLICATION
ORDER
On November 4, 2012, defendants Calvo, Camacho, Guam Department of Revenue, and
Taxation, and the Legislature of Guam ("Guamanian defendants") filed a motion to transfer
venue to the District of Guam, Dkt. #18. Shortly thereafter, the court granted a motion ofthe
United States, Dkt. #15, to extend its deadline to answer the complaint until after the disposition
of the motion to transfer. Before any disposition on the motion to transfer, however, the
Guamanian defendants filed a motion to dismiss, Dkt. #27. Plaintiff has filed a response to the
motion to transfer, Dkt. #28, a further response to the motion to transfer, Dkt. #35, a motion for
reconsideration of the court's order granting the United States an extension oftime to answer,
Dkt. #32, and a request for oral argument, Dkt. #31. The United States has opposed plaintiffs
motion for reconsideration, Dkt. #33. The court has reviewed the aforementioned pleadings and
orders the following:
1) The United States shall notify the court by letter whether it intends to move to dismiss
and, if so, shall file a motion to dismiss within thirty days of this order.
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2) The United States shall provide briefing to the court on the question of whether venue in
the Eastern District of New York is, in fact, improper.
3) Plaintiff shall respond to the Guamanian defendants' motion to dismiss and the United
States' motion to dismiss, if any, fourteen days after receipt of either (a) the United
States' motion to dismiss, or (b) a letter indicating the United States will not move to
dismiss.
4) Defendants will have seven days from receipt of plaintiffs response to file a reply, if any.
5) As this order resolves plaintiffs motion for reconsideration, that motion is hereby
terminated.
6) Plaintiffs motion for oral argument is denied, with leave to renew once the record is
complete on the outstanding motions.
SO ORDERED.
Dated: December 20, 2012
Brooklyn, New York
a
Allyne R. I\oss 'l
United States District Judge
2
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List:
Dustin J. O'Brien
30 West 60"' St. Apt. 8L
New York, NY 10023
3
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