KEYES|BARNETT v OBAMA (APPEAL - KREEP - 14 - Unopposed Motion for Extension to File - 14 - Transport Room

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07/06/2010 14 Filed (ECF) Appellants Wiley S. Drake and Markham Robinson in 09-56827 Unopposed Motion to extend time to file Opening brief until 08/12/2010 at 05:00 pm. Date of service: 07/06/2010. [7394933] [09-56827, 10-55084] (GGK)
  No. 09-56827 UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITWILEY S. DRAKE, ET AL.,  Plaintiffs-Appellants, v.BARACK H. OBAMA, ET AL.,  Defendants-Appellees On Appeal from the United States District Court for the Central District of California, Santa Ana (Southern) Division, Case No. SACV09-00082-DOC (Anx)The Honorable David O. Carter, United States District Judge UNOPPOSED MOTION OF PLAINTIFFS-APPELLANTSWILEY S. DRAKE AND MARKHAM ROBINSONFOR EXTENSION OF TIME TO FILE OPENING BRIEF Submitted by counsel for Plaintiffs-Appellants Wiley S. Drake and MarkhamRobinson:UNITED STATES JUSTICE FOUNDATIONGARY G. KREEP (SBN 066482)CHRISTOPHER P. TUCKER (SBN 265671)932 D Street, Suite 2Ramona, California 92065Tel: (760) 788-6624Fax: (760) 788-6414 Case: 09-56827 07/06/2010 Page: 1 of 9 ID: 7394933 DktEntry: 14  2 UNOPPOSED MOTION OF PLAINTIFFS-APPELLANTSWILEY S. DRAKE AND MARKHAM ROBINSONFOR EXTENSION OF TIME TO FILE OPENING BRIEF Pursuant to Fed. R. App. P. 26(b) and Ninth Cir. R. 31-2.2(b), Plaintiffs-Appellants Wiley S. Drake and Markham Robinson (“Appellants”) respectfullymove for an extension of time of one month, until August 12, 2010, to file their opening brief. The court reporter is not in default with regard to any designatedtranscripts.Attorney Dr. Orly Taitz, who represents the remaining group of Plaintiffs-Appellants, has advised that she does not oppose this motion. See Declaration of Christopher P. Tucker (“Tucker Decl.”), ¶ 2.On July 1, 2010, and July 2, 2010, Appellants’ attorney, Christopher P.Tucker, attempted to contact counsel for Defendants-Appellees, David A. DeJute(“DeJute”), via telephone and fax, to determine whether they would oppose thismotion.  Id.,  ¶ 3.   On July 6, 2010, Mr. DeJute informed Appellants’ attorney thatDefendants-Appellees would not oppose a motion for an extension to fileAppellants’ opening brief.  Id.  On June 25, 2010, the Court granted Appellants’ request for a 14 day oralextension by phone and entered an order directing the parties to submit their opening briefs by July 12, 2010.  Id.,  ¶ 4. Appellants requested the extension because Appellants’ attorney, Gary G. Kreep (“Kreep”), underwent spinal surgery Case: 09-56827 07/06/2010 Page: 2 of 9 ID: 7394933 DktEntry: 14  3 for severe back pain on June 25, 2010, and the srcinal schedule set by this Court’sorder instructed Appellants to file their opening briefs by June 28, 2010.  Id.  Counsel have exercised and will exercise diligence in preparing Appellants’opening brief.  Id.,  ¶ 5. However, for the reasons set forth below and in the attacheddeclaration of Christopher P. Tucker, extraordinary and compelling circumstancesexist for the requested extension.Mr. Kreep has represented Appellants throughout the course of this litigationin the District Court, including his attendance at the relevant hearings.  Id.,  ¶ 4.Prior to his spinal surgery, Mr. Kreep anticipated recovering in time to meet thisCourt’s July 12, 2010 deadline for filing Appellants’ opening brief.  Id  . However,Mr. Kreep suffered several serious complications during his June 25, 2010 back surgery, and he was subsequently placed on a heart pump and transferred to theIntensive Care Unit at Scripps Green Hospital in La Jolla, California on June 29,2010.  Id.,  ¶ 6. On July 1, 2010, a five-hour-long bypass surgery was performed onMr. Kreep’s heart.  Id. On July 4, 2010, Mr. Kreep was placed in an induced comadue to additional complications.  Id. At the time of this filing, Mr. Kreep remainsconnected to a breathing tube, and his recovery is expected to take at least severalweeks.  Id.   Case: 09-56827 07/06/2010 Page: 3 of 9 ID: 7394933 DktEntry: 14  4 Due to Mr. Kreep’s unexpected complications and the uncertain timetablefor his recovery, Appellants respectfully request that this Court grant Appellants anextension until August 12, 2010 to file their opening brief.July 6th, 2010 Respectfully submitted,s/ Christopher P Tucker     _________ Gary G. KreepChristopher P. Tucker UNITED STATES JUSTICE FOUNDATION932 “D” Street, Suite 2Ramona, CA 92065Telephone: (760) 788-6624Facsimile: (760) 788-6414Attorneys for Plaintiffs-Appellants Wiley S.Drake and Markham Robinson Case: 09-56827 07/06/2010 Page: 4 of 9 ID: 7394933 DktEntry: 14
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