Case Information
*1 Case 1:25-cv-01421-GHW-RFT Document 13 Filed 04/14/25 Page 1 of 2 *2 Case 1:25-cv-01421-GHW-RFT Document 13 Filed 04/14/25 Page 2 of 2
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internal quotation marks omitted). Accordingly, the Government intends to file a motion to deny the petition, and in consultation with Petitioners, has proposed the following briefing schedule for the Court’s consideration and approval.
Government’s motion to deny: Wednesday, May 14, 2025 [2] Petitioners’ opposition: Friday, June 13, 2025 Government’s reply: Friday, June 27, 2025
Further, in light of the parties’ intent to resolve this matter through briefing and without the need for discovery, and because the parties do not have any disputes to present to the Court at this time, the parties request that the April 16, 2025 telephonic conference be adjourned without date. Should the Court wish to hear from the parties prior to briefing this matter, however, in light of the leave that I am taking next week, the parties respectfully request permission to appear for a conference before the Court during the week of April 21, 2025.
We thank the Court for its consideration of this letter. Respectfully,
MATTHEW PODOLSKY
Acting United States Attorney
By: /s/ Tomoko Onozawa
TOMOKO ONOZAWA
Assistant United States Attorneys Tel.: (212) 637-2721 E-mail: Tomoko.Onozawa@usdoj.gov
cc: Counsel of Record (By ECF)
NOTES
[2] Under Rule 12(a)(2) of the Federal Rules of Civil Procedure, the Government’s response to the petition is due “within 60 days after service [of the petition] on the United States attorney.” Fed. R. Civ. P. 12(a)(2). However, Petitioners’ counsel has represented to the Government that the United States was inadvertently not served in accordance with Rule 4(i) of the Federal Rules of Civil Procedure, which requires a copy of the petition to be sent by registered or certified mail to this Office and to the Attorney General of the United States. Fed. R. Civ. P. 4(i)(1)(A)–(B). Accordingly, the Government’s 60-day time to respond to the petition has not started to run. Petitioners have further represented to the Government that a copy of the petition has been sent to this Office and the Attorney General by certified mail on April 10, 2025. Based on this representation, the Government’s proposed May 14, 2025 response date for the petition will be timely.