Case 1:05-cv-00806-RMC Document 8 Filed 10/27/2005 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
CITIZENS FOR RESPONSIBILITY AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, ) No. 1:05cv00806 RMC
)
v. )
)
NATIONAL INDIAN GAMING COMMISSION, )
)
Defendant. )
)

DEFENDANT’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME

Defendant the National Indian Gaming Commission (“NIGC”) hereby moves for a seven-

day extension of time to November 7, 2005, in which to file a reply memorandum in support of

its motion for summary judgment. A proposed order is attached.

In support of the motion, NIGC states as follows:

1. By prior order, the Court directed NIGC to file its opening brief by September 28,

2005, plaintiff to file an opposition by October 17, 2005, and the NIGC having two weeks to file

a reply by October 31, 2005.

2. Neither Plaintiff nor the NIGC has not sought any previous extension with respect

to any deadline in this case.

3. Undersigned counsel for the NIGC was assigned to draft the reply on Tuesday

October 25, 2005, due to the unavailability of NIGC’s prior counsel.

4. Undersigned counsel needed to prepare two witnesses, for a deposition and trial

testimony respectively, on Wednesday October 26, 2005, and appear at trial to defend a witness

in the Eastern District of Virginia in DRC Inc. v. Custer Battles, 04-cv-1499 (E.D. Va), on

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Thursday, October 27, 2005, which all limited the time needed to prepare the reply.

5. Agency counsel for NIGC is in California until October 30, 2005.

6. Plaintiff's opposition raises numerous legal issues.

7. In an abundance of caution, NIGC also intends to conduct a tailored supplemental

search over the course of the next week, although NIGC maintains its original search was

adequate. Furthermore, NIGC's FOIA officer on this matter is out sick this week.

8. Granting the extension for NIGC to file a reply will assist the Court in a just and

prompt adjudication of the remaining issues in this case.

Pursuant to Local Rule 7(m), undersigned counsel for NIGC contacted Plaintiff’s counsel,

Anne Weismann, on Thursday October 27, 2005, who is not opposed to this motion or the relief

requested herein.

CONCLUSION

For the foregoing reasons, NIGC respectfully requests that the due date for its reply in

support of its motion for summary judgment be extended from October 31 to November 7, 2005.

Dated: October 27, 2005 Respectfully submitted,

PETER D. KEISLER
Assistant Attorney General

KENNETH L. WAINSTEIN
United States Attorney

/s/ Alexander K. Haas

ELIZABETH J. SHAPIRO
Assistant Branch Director
ALEXANDER K HAAS(CA Bar 220932)
Of Counsel: Trial Attorney, Federal Programs Branch
Andrea Lord U.S. Department of Justice, Civil Division
Staff Attorney 20 Massachusetts Ave., N.W., Room 7328
National Indian Gaming Commission Washington, D.C. 20001
Tel: (202) 307-3937 Fax: (202) 616-8470
Counsel for Defendant