Filed: Aug. 16, 2018
Latest Update: Aug. 16, 2018
Summary: STIPULATED REQUEST FOR EXTENSION OF TIME, NUNC PRO TUNC, TO RESPOND TO PLAINTIFFS'MOTION FOR CLASS CERTIFICATION JON S. TIGAR , District Judge . Pursuant to Local Rulse 6.2 and 7-12, Defendants, the United States Department of Defense and Defense Secretary James Mattis, in his official capacity, and Plaintiffs, Jiahao Kuang and Deron Cooke, hereby file this stipulated request for a one-day extension of time nunc pro tunc to file a response to Plaintiffs' Motion for Class Certificati
Summary: STIPULATED REQUEST FOR EXTENSION OF TIME, NUNC PRO TUNC, TO RESPOND TO PLAINTIFFS'MOTION FOR CLASS CERTIFICATION JON S. TIGAR , District Judge . Pursuant to Local Rulse 6.2 and 7-12, Defendants, the United States Department of Defense and Defense Secretary James Mattis, in his official capacity, and Plaintiffs, Jiahao Kuang and Deron Cooke, hereby file this stipulated request for a one-day extension of time nunc pro tunc to file a response to Plaintiffs' Motion for Class Certificatio..
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STIPULATED REQUEST FOR EXTENSION OF TIME, NUNC PRO TUNC, TO RESPOND TO PLAINTIFFS'MOTION FOR CLASS CERTIFICATION
JON S. TIGAR, District Judge.
Pursuant to Local Rulse 6.2 and 7-12, Defendants, the United States Department of Defense and Defense Secretary James Mattis, in his official capacity, and Plaintiffs, Jiahao Kuang and Deron Cooke, hereby file this stipulated request for a one-day extension of time nunc pro tunc to file a response to Plaintiffs' Motion for Class Certification. The grounds for this stipulation are as follows:
1. On August 1, 2018, Plaintiffs filed a Notice and Motion for Class Certification and Appointment of Class Counsel. See ECF No. 31. Under the Local Rule 7-3(a), Defendants' response to this motion was due on August 15, 2018.
2. Prior to August 15, 2018, counsel for Defendants informed counsel for Plaintiffs that Defendants intended to file a notice of non-opposition to Plaintiffs' motion with a modification to the class definition proposed by Plaintiffs. By email correspondence, the parties agreed on a revised class definition by 7:30 p.m. Eastern Standard Time on August 15, 2018.
3. Due to unexpected technical difficulties, undersigned counsel was not able to access his Department of Justice work account shortly after the parties agreed on the revised definition of the class. Counsel was not able to regain access to his work account until the morning of August 16, 2018.
4. Defendants accordingly request a one-day extension of time, nunc pro tunc, to file their response to Plaintiffs' Motion for Class Certification, which is attached to this stipulation. Counsel for Defendants conferred with counsel for Plaintiffs, who consent to Defendants' request.
5. This extension of time would not affect any other deadlines in this case.
ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I, Nathan M. Swinton, hereby attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
[PROPOSED] ORDER APPROVING STIPULATION
PURSUANT TO STIPULATION, IT IS SO ORDERED.
