Rev Matt Hale(Civil Case) ... Motion for Extension of Time

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO



Civil Action No. 19-cv-00752-WJM-SKC

MATTHEW HALE, J.D.,

Plaintiff,

v.

RUDY MARQUES,
AMY KELLEY,
DEBORAH PAYNE,
JAMES WIENCEK,
SUSAN PROSE,
ANDRE MATEVOUSIAN,
JAMES FOX,
PAUL KLEIN,
CHRISTOPHER SYNSVOLL,
C. PORCO,
J. OSLAND,
M. WYCHE,
L. ROBINSON,
D. HUMPHRIES,
S. HANSEN,
FEDERAL BUREAU OF PRISONS,

Defendants.


                                       MOTION FOR EXTENSION OF TIME


Defendants move for a 14-day extension of time to file a reply in support of their motion to dismiss. The grounds for granting the extension are detailed below:
1. Plaintiff Matthew Hale is a federal prisoner "serving a forty-year sentence for obstructing justice and soliciting the murder of a federal judge." Hale v. Fed. Bureau of Prisons, 759 F. App’x 741, 743 (10th Cir. 2019). He brings this Bivens action alleging that various  government employees violated his First Amendment and due process rights while he has been incarcerated.

2. Hale initially asserted 22 Bivens claims. Upon screening, the claims were winnowed down to seven Bivens claims, all seeking damages against these officials in their individual capacities.

3. Defendants filed a motion to dismiss on August 23, 2019, seeking dismissal of the remaining seven claims on the grounds that there is no available Bivens remedy and that each official is entitled to qualified immunity.

4. Discovery has not begun in this matter, and no trial date has been set. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) (providing that "until this threshold immunity question is resolved, discovery should not be allowed").
 
5. Hale filed a 45-page response to the motion to dismiss, which was served on Defendants on September 13, 2019.

6. Defendants reply in support of their motion to dismiss is presently due on or before September 27, 2019.

7. The Assistant United States Attorney who has represented Defendants throughout this matter and who drafted the motion to dismiss is on extended leave, thus necessitating that another Assistant United States Attorney will need to familiarize himself with this matter and the motion before preparing a reply brief.

8. Additionally, one of the lawyer-defendants is presently out of the country and would like an opportunity to review the reply brief before it is filed.

9. In light of these circumstances, Defendants respectfully request that the deadline for the reply brief be extended by 14 days, until October 11, 2019.

10. Defendants submit that this extension will not prejudice Plaintiff or significantly delay the efficient resolution of this matter.

11. This is the first requested extension with respect to the reply brief. Defendants previously obtained two extensions of time to file their motion to dismiss and an extension of time to respond to various motions to intervene.

12. Pursuant to D.C.COLO.LCivR 6.1(c), a copy of this extension motion will be served on Defendants.

13. Because Plaintiff is an unrepresented inmate, Defendants’ counsel has not conferred with Plaintiff regarding this motion. D.C.COLO.LCivR 7.1(a).

14. For good cause shown, Defendants respectfully request that the Court grant the motion for extension.

Dated September 25, 2019 Respectfully Submitted,

JASON R. DUNN
United States Attorney
s/ David Moskowitz



David Moskowitz
Assistant United States Attorney
1801 California Street, Suite 1600
Denver, Colorado 80202
Telephone: (303) 454-0100
Fax: (303) 454-0407
david.moskowitz@usdoj.gov
Counsel for Defendants