Case 1:12-cv-01332-ABJ Document 38 Filed 01/29/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

) ) ) ) ) Plaintiff, ) ) v. ) ) ERIC H. HOLDER, JR., ) in his official capacity as ) Attorney General of the United States, ) ) Defendant. ) ___________________________________ )

COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, UNITED STATES HOUSE OF REPRESENTATIVES,

Case No. 1:12-cv-1332 (ABJ)

CONSENT MOTION TO RESCHEDULE ORAL ARGUMENT Defendant hereby moves to reschedule oral argument on its Motion to Dismiss, currently scheduled for February 7, 2013, in order to facilitate ongoing settlement talks between the parties. Counsel for defendant has conferred with counsel for plaintiff pursuant to Local Civil Rule 7(m), and counsel for plaintiff indicates that plaintiff concurs with the requested relief. Following the January 10, 2013, Status Conference, the parties have continued to engage in settlement talks. Without divulging the substance of those talks, the talks are progressing sufficiently such that the parties believe that further talks may be fruitful. Accordingly, the parties believe that, in order to enable the parties to focus their efforts on settlement and avoid the potentially unnecessary expenditure of judicial resources, the hearing on the Motion to Dismiss should be rescheduled for the week of April 15, 2013, or at such other time as may be convenient for the Court and the parties. The parties will submit a joint status report to the Court

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on March 15, 2013, in order to keep the Court informed as to the progress of the ongoing settlement negotiations. For the foregoing reasons, defendant respectfully requests that oral argument on defendants Motion to Dismiss, currently scheduled for February 7, 2013, be rescheduled for the week of April 15, 2013.

Dated: January 29, 2013

Respectfully submitted, STUART F. DELERY Principal Deputy Assistant Attorney General IAN HEATH GERSHENGORN Deputy Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch JOHN R. TYLER Assistant Branch Director /s/ Eric Womack ERIC R. WOMACK (IL Bar No. 6279517) GREGORY DWORKOWITZ (NY Bar Registration No. 4796041) LUKE M. JONES (VA Bar No. 75053) Trial Attorneys U.S. Department of Justice Civil Division Federal Programs Branch Washington, D.C. 20001 Tel: (202) 514-4020 Fax: (202) 616-8470 eric.womack@usdoj.gov Counsel for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on January 29, 2013, I caused a true and correct copy of the foregoing Motion and accompanying Proposed Order to be served on plaintiffs counsel electronically by means of the Courts ECF system.

/s/ Eric Womack ERIC R. WOMACK