Case 1:16-cv-00825-CRC Document 7 Filed 06/28/16 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

PAUL BURKE, )

)

Plaintiff, )

)

v. ) Civil Action No. 16-CV-825 (CRC)

)

U.S. DEPARTMENT OF HEALTH )

AND HUMAN SERVICES, )

)

Defendant. )

__________________________)

UNOPPOSED MOTION TO EXTEND DEFENDANT’S TIME

TO FILE RESPONSES TO PLAINTIFF’S COMPLAINT AND

PLAINTIFF’S MOTION FOR PARTIAL VOLUNTARY DISMISSAL

AND AWARD OF COSTS

Pursuant to Fed. R. Civ. P. 6(b)(1), Defendant moves for an extension of time to August 8,

2016 to file its responses to (i) Plaintiff’s complaint in this Freedom of Information Act (“FOIA”)

case, and (ii) Plaintiff’s Motion for Partial Voluntary Dismissal and Award of Costs, ECF No. 6.

In support of the instant motion, Defendant states as follows:

1. On May 3, 2016, Plaintiff filed his complaint. ECF No. 1.

2. Defendant’s current deadline for filing its response to the complaint is July 8, 2016.

3. On June 11, 2016, a Saturday, Plaintiff filed his Motion for Partial Voluntary

Dismissal and Award of Costs (“Plaintiff’s Motion”). ECF No. 6.

4. Plaintiff’s Motion in essence concedes that his FOIA request is moot. Id. at 1.

5. Plaintiff’s Motion does not include any statement showing that Plaintiff complied

with Local Civil Rule 7(m).

6. Defendant’s current deadline for responding to Plaintiff’s Motion is today.

Case 1:16-cv-00825-CRC Document 7 Filed 06/28/16 Page 2 of 2

7. In order to avoid unnecessarily placing this case in an active litigation posture and

to allow the parties additional time to reach a settlement without the Court’s intervention,

Defendant hereby moves to extend the time for Defendant to file its responses to Plaintiff’s

complaint and Plaintiff’s Motion until August 8, 2016.

8. This is the second extension that Defendant has sought in this case.

9. There are no other deadlines in this case. Thus, the requested extension will not

impact any deadlines.

10. This request for an extension is being made in good faith and not for purposes of

delay. Plaintiff, who does not object to this extension, will not be prejudiced by the extension

requested herein.

WHEREFORE, Defendant respectfully requests that the Court extend its time to file

responses to the complaint and to Plaintiff’s Motion until August 8, 2016. A proposed order is

attached.

Dated: June 28, 2016

Respectfully submitted,

CHANNING D. PHILLIPS, D.C. Bar # 415793

United States Attorney for the District of Columbia

DANIEL F. VAN HORN, D.C. Bar # 924092

Chief, Civil Division

By: /s/ Marsha W. Yee

MARSHA W. YEE

Assistant United States Attorney

Civil Division

555 4th Street, N.W.

Washington, D.C. 20530

Telephone: (202) 252-2539

Facsimile: (202) 252-2599

Email: Marsha.Yee@usdoj.gov

Counsel for Defendant

Case 1:16-cv-00825-CRC Document 7-1 Filed 06/28/16 Page 1 of 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

PAUL BURKE, )

)

Plaintiff, )

)

v. ) Civil Action No. 16-CV-825 (CRC)

)

U.S. DEPARTMENT OF HEALTH )

AND HUMAN SERVICES, )

)

Defendant. )

__________________________)

ORDER

Upon consideration of the Unopposed Motion to Extend Defendant’s Time to File

Responses to Plaintiff’s Complaint and Plaintiff’s Motion for Partial Voluntary Dismissal and

Award of Costs (“Plaintiff’s Motion”), and the entire record herein, it is hereby

ORDERED that Defendant’s motion is GRANTED. It is

FURTHER ORDERED that the time for Defendant to file its responses to the complaint

and Plaintiff’s Motion is hereby extended to and including August 8, 2016.

Dated:____________ ___________________________

United States District Judge