Escolar Documentos
Profissional Documentos
Cultura Documentos
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Additional Counsel for Defendant-Intervenors
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ALLIANCE DEFENSE FUND
15 Timothy Chandler (CA Bar No. 234325)
tchandler@telladf.org
16 101 Parkshore Drive, Suite 100, Folsom, California 95630
Telephone: (916) 932-2850, Facsimile: (916) 932-2851
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Jordan W. Lorence (DC Bar No. 385022)*
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jlorence@telladf.org
19 Austin R. Nimocks (TX Bar No. 24002695)*
animocks@telladf.org
20 801 G Street NW, Suite 509, Washington, D.C. 20001
Telephone: (202) 393-8690, Facsimile: (202) 347-3622
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* Admitted pro hac vice
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7 attorney’s fees and costs. Specifically, Plaintiffs seek an order shortening Defendants-Intervenors’
8 time to respond from 4 days to “no more than 24 hours.” Defendants-Intervenors oppose Plaintiffs’
9 motion to shorten time because they have failed to justify their request pursuant to the Local Rules.
10 Civil Local Rule 6-3 requires Plaintiffs to set forth, among other things, “the reasons for the
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requested enlargement or shortening of time” and the “substantial harm or prejudice that would
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occur if the court did not change the time.” See Civil Local Rule 6-3(a)(1) and (3). Neither
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Plaintiffs’ motion nor the supporting declaration satisfies the requirements of the rule. The only
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15 reason that Plaintiffs indentify is a claim that they will suffer “substantial prejudice” if the motion
16 to shorten time is not granted “because, in the event the Court were to deny Plaintiffs’ and Plaintiff-
17 Intervenor’s motion to enlarge time, Plaintiffs and Plaintiff-Intervenor would likely not have
18 sufficient time to file their motion for attorney’s fees and related expenses.” See Declaration of
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Enrique A. Monagas at 3 (emphasis added).
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Plaintiffs have until August 26th to file their motion for attorney’s fees. To suggest that the
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Plaintiffs would suffer “substantial prejudice” if the Defendant-Intervenors were permitted 4 days,
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23 as provided by the rules, to respond to their motion to enlarge time is patently unreasonable.
24 Plaintiffs have demonstrated throughout this litigation a willingness and ability to allocate
25 extraordinary resources to this case. To represent that they would be in danger of not “having
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sufficient time” to file a motion for attorney’s fees unless Defendant-Intervenors are provided “no
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28 Movants will be referred to herein collectively as “Plaintiffs.”
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DEFENDANT-INTERVENORS’ OPPOSITION TO MOTION TO SHORTEN TIME
CASE NO. 09-CV-2292 VRW
Case3:09-cv-02292-VRW Document736 Filed08/18/10 Page4 of 4
1 more than 24 hours” to respond to their motion to enlarge time is not credible.
2 To the extent Plaintiffs have concerns regarding time, it is their own doing. Plaintiffs
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waited 6 days to file their motion to enlarge time to seek attorney’s fees. Now, Plaintiffs seek to
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drastically shorten Defendant-Intervenors’ time to respond to that motion so that they have more
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time to prepare an application for attorney’s fees in the event this Court does not grant their motion
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DEFENDANT-INTERVENORS’ OPPOSITION TO MOTION TO SHORTEN TIME
CASE NO. 09-CV-2292 VRW
Case3:09-cv-02292-VRW Document736-1 Filed08/18/10 Page1 of 4
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Additional Counsel for Defendant-Intervenors
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ALLIANCE DEFENSE FUND
16 Timothy Chandler (CA Bar No. 234325)
tchandler@telladf.org
17 101 Parkshore Drive, Suite 100, Folsom, California 95630
Telephone: (916) 932-2850, Facsimile: (916) 932-2851
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DECLARATION OF BRIAN W. RAUM IN SUPPORT OF DEFENDANT-INTERVENORS’ OPPOSITION TO MOTION TO
SHORTEN TIME
CASE NO. 09-CV-2292 VRW
Case3:09-cv-02292-VRW Document736-1 Filed08/18/10 Page3 of 4
9 attorney’s fees and costs. Specifically, Plaintiffs seek an order shortening Defendants-Intervenors’
10 time to respond from 4 days to “no more than 24 hours.” Defendants-Intervenors oppose Plaintiffs’
11 motion to shorten time because they have failed to justify their request pursuant to the Local Rules.
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3. Civil Local Rule 6-3 requires Plaintiffs to set forth, among other things, “the reasons
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for the requested enlargement or shortening of time” and the “substantial harm or prejudice that
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would occur if the court did not change the time.” See Civil Local Rule 6-3(a)(1) and (3).
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16 4. Neither Plaintiffs’ motion nor the supporting declaration satisfies the requirements of
17 the rule. The only reason that Plaintiffs indentify is a claim that they will suffer “substantial
18 prejudice” if the motion to shorten time is not granted “because, in the event the Court were to
19 deny Plaintiffs’ and Plaintiff-Intervenor’s motion to enlarge time, Plaintiffs and Plaintiff-Intervenor
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would likely not have sufficient time to file their motion for attorney’s fees and related expenses.”
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See Declaration of Enrique A. Monagas at 3 (emphasis added).
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23 5. Plaintiffs have until August 26th to file their motion for attorney’s fees. To suggest that
24 the Plaintiffs would suffer “substantial prejudice” if the Defendant-Intervenors were permitted 4
25 days, as provided by the rules, to respond to their motion to enlarge time is patently unreasonable.
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Plaintiffs have demonstrated throughout this litigation a willingness and ability to allocate
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extraordinary resources to this case. To represent that they could be in danger of not “having
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1
DECLARATION OF BRIAN W. RAUM IN SUPPORT OF DEFENDANT-INTERVENORS’ OPPOSITION TO MOTION TO
SHORTEN TIME
CASE NO. 09-CV-2292 VRW
Case3:09-cv-02292-VRW Document736-1 Filed08/18/10 Page4 of 4
1 sufficient time” to file a motion for attorney’s fees unless Defendant-Intervenors are provided “no
2 more than 24 hours” to respond to their motion to enlarge time is not credible.
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6. To the extent Plaintiffs have concerns regarding time, it is their own doing. Plaintiffs
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waited 6 days to file their motion to extend time to seek attorney’s fees. Now, Plaintiffs seek to
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drastically shorten Defendants-Intervenors’ time to respond to that motion so that they have more
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7 time to prepare an application for attorney’s fees in the event this Court does not grant their motion
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DECLARATION OF BRIAN W. RAUM IN SUPPORT OF DEFENDANT-INTERVENORS’ OPPOSITION TO MOTION TO
SHORTEN TIME
CASE NO. 09-CV-2292 VRW