Case 1:12-cv-01176-RWR Document 4 Filed 08/22/12 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) VERN MCKINLEY ) ) Plaintiff, ) ) v. ) Civil Action No. 12-1176 (RWR) ) COMMODITY FUTURES ) TRADING COMMISSION et al. ) ) Defendant. ) __________________________________________ ) MOTION FOR ENLARGEMENT OF TIME Defendants, the Commodity Futures Trading Commission and the Securities and Exchange Commission (Defendants), by and through undersigned counsel, respectfully request a thirty (30) day enlargement of time up to and including September 24, 2012, to file an answer or otherwise respond to the Complaint in this case. Good cause exists to grant this motion. 1. 2. Undersigned counsel was recently assigned the instant matter. Accordingly, undersigned counsel established contact with the two agency

counsel regarding the underlying allegations in Plaintiffs Complaint and counsel is in the process of fully investigating the allegations. 3. Defendants, however, have been unable to obtain all the information needed to

respond to Plaintiffs Complaint. 4. Furthermore, Defendants anticipates producing records in the coming weeks

which may narrow the issues before the Court.

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5.

Finally, undersigned counsel will be out of the office August 27, 2012 through

September 4, 2012. 6. Accordingly, Defendants now requests a thirty (30) day enlargement of time, up

to and including September 24, 2012, to file an answer or otherwise respond to the Complaint in this case. 7. Defendants request this extension in good faith and not for the purpose of delay.

This is Defendants first request for an extension of time in this action and the requested relief will not affect any other deadlines currently imposed by the Court. 8. Undersigned Counsel contacted Plaintiffs Counsel regarding the instant motion

and Plaintiff opposes the requested relief. 9. Defendants, however, request that the Court grant their Motion for an Extension

of Time and enter the attached Order. WHEREFORE, Defendants respectfully request that the Court grant their Motion for Extension of Time and allow Defendants up to and including September 24, 2012, in which to file their Answer or otherwise respond to the Complaint.

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Dated: August 22, 2012, Washington, DC

Respectfully Submitted, RONALD C. MACHEN JR., D.C. BAR#447889 United States Attorney for the District of Columbia DANIEL F. VAN HORN, D.C. Bar #924092 Acting Civil Chief By: /s/ Carl E. Ross ____________ ___ CARL EZEKIEL ROSS, D.C. Bar #492441 Assistant United States Attorney Civil Division 555 4th Street, N.W. Washington, D.C. 20530 Tel: (202) 305-4851 Fax: (202) 514-8780 Attorneys for Defendant