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COMMONWEALTH OF MASSACHUSETTS )
Plaintiff-Appellee, )
) No. 10-2204
v. )
)
UNITED STATES DEPARTMENT OF HEALTH )
AND HUMAN SERVICES, et al., )
Defendants-Appellants. )
)
)
DEAN HARA, )
Plaintiff-Appellee/Cross-Appellant, )
)
NANCY GILL, et al., )
Plaintiffs-Appellees )
) Nos. 10-2207;
v. ) 10-2214
)
OFFICE OF PERSONNEL MANAGEMENT, et al., )
Defendants-Appellants/Cross-Appellees. )
)
For the reasons set forth below, the federal government appellants—United
States Department of Health and Human Services, et al., and the Office of Personnel
days, from December 23, 2010, to and including January 13, 2011, within which to
file appellants’ consolidated opening brief and joint appendix in these appeals. We
also request a corresponding adjustment of the current briefing schedule with respect
Case: 10-2207 Document: 00116150090 Page: 2 Date Filed: 12/21/2010 Entry ID: 5513648
to the due dates of the remaining briefs, as detailed below. Counsel for plaintiffs-
appellees Commonwealth of Massachusetts and Nancy Gill, et al., and for cross-
appellant Dean Hara, have authorized us to state that they consent to this motion.
United States Department of Health and Human Services, et al., No. 10-2204, was
originally due on December 13, 2010, and in Nancy Gill, et al. v. Office of Personnel
Management, et al., No. 10-2207, was originally due on December 27, 2010.
Pursuant to the government’s prior motion, this Court consolidated these cases, along
with the cross-appeal in Dean Hara, No. 2214, and established a coordinated appellate
briefing schedule. Under this schedule, the government’s opening consolidated brief
is currently due December 23, 2010. Oral argument has not yet been scheduled. The
appellants’ consolidated opening brief because of the significance of these cases and
the need for further internal government review, as well as other appellate deadlines
faced by government counsel during the briefing period and the holidays that fall
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Case: 10-2207 Document: 00116150090 Page: 3 Date Filed: 12/21/2010 Entry ID: 5513648
constitutionality of a federal statute and involve many different federal agencies, the
internal government review for this brief has necessarily been extensive. This review
process is not yet complete, and many individuals reviewing the brief will be on
vacation during the upcoming holidays, from Thursday, December 23, 2010, until
Additionally, the attorneys within the Civil Division’s Appellate Staff assigned
principal responsibility for preparing the government’s brief are subject to various
other briefing deadlines and holidays. Benjamin Kingsley, one of the principal
attorney’s preparing the government’s brief, has briefs due in Hamad, et al. v.
Obama, et al., No. 5117 (D.C. Cir.), on December 23, 2010; in a sealed case on
January 5, 2011; and in Cote, et al. v. Shinseki, et al., No. 09-16371 (11th Cir.), on
January 20, 2011. August Flentje, the other principal attorney preparing the
government’s brief, has briefs due in Madhwani v. Obama, No. 10-5172 (D.C. Cir.),
on December 22, 2010; in Latif v. Obama, No. 05-5319 (D.C. Cir.), on January 6,
2011; in Awad v. Obama, No. 10-736 (S.Ct.), on January 3, 2011; and in Ameziane
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Massachusetts, and Mary Bonauto, counsel for plaintiffs-appellees Nancy Gill, et al.,
and cross-appellant Dean Hara, have authorized us to indicate that they consent to
this motion so long as the briefing schedule with respect to the remaining briefs is
adjusted accordingly. In that regard, we also respectfully request that the Court add
21 days to the current due dates of the subsequent briefs, so that the adjusted schedule
will be as follows:
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CONCLUSION
request that the deadline for filing their consolidated opening brief be extended to
Respectfully submitted,
s/ August Flentje
AUGUST FLENTJE
(202) 514-3309
s/ Benjamin S. Kingsley
BENJAMIN S. KINGSLEY
(202) 353-8253
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Case: 10-2207 Document: 00116150090 Page: 6 Date Filed: 12/21/2010 Entry ID: 5513648
CERTIFICATE OF SERVICE
I hereby certify that on December 21, 2010, I electronically filed the foregoing
with the Clerk of the Court for the United States Court of Appeals for the First Circuit
by using the appellate CM/ECF system. I further certify that all participants in the
case are registered CM/ECF users and will be served by the appellate CM/ECF
system.
s/ Benjamin S. Kingsley
BENJAMIN S. KINGSLEY
(202) 353-8253