EFTA00205498¶
http://www.law.utah.edu/profiles/default.asp?PersonID=57&name=Cassell,Paul¶
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From: (USAFLS) [mailto:]¶
Sent: Friday, January 06, 2012 4:07 PM¶
To: Paul Cassell¶
Cc: . (USAFLS); (USAFLS); Brad Edwards¶
Subject: RE: Replies and Responses Due on January 6, 2012¶
Hi, Paul.¶
As always, we appreciate your efforts to be accommodating. With respect to the conditions that you have placed on your agreement to the requested extension:¶
(1) No 90-day notice is called for by Local Rule 7.1(b)(4) for the¶
(1) No 90-day notice is called for by Local Rule 7.1(b)(4) for the motions/responses/replies connected to the requested extension because none is a “motion or other matter which has been pending and fully briefed” and none is a “motion or other matter as to which the Court has conducted a hearing.” In any event, after the recent amendments to the Local Rules, the 90-day notices are only “serve[d] on all parties and any affected non-parties.” Court filing of the 90-day notices is no longer contemplated by the Local Rules.¶
(2) As to our discussion in early December, we have a different recollection. At that time, notwithstanding our motion to stay discovery, we expressed a willingness to work with you and Brad to attempt to identify items that might be producible by the government pursuant to a narrowed and specific request for production that seeks relevant items and where the production by the government would not be burdensome or otherwise objectionable. We remain willing to work toward such a goal, but have been waiting to hear from you or Brad to begin the process of identifying the items that would be the subject of such a narrowed request. In fact, called Brad several weeks ago to discuss the requests for admissions, but they were unable to connect at that time.¶
If the government’s position on these two points causes you to withhold your agreement to our requested extension, we would be happy to inform the Court that you oppose our motion for extension of time. If we do not hear from you by 7:00 pm Miami time that you agree to the requested extension notwithstanding the government’s position on these two points, we will report to the Court that you object to the extension. Please be sure to send any reply concerning your position to as he will be filing the motion for extension this evening.¶
Thanks, and have a nice weekend.¶