IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

Case No. 1:22-cv-24023-SCOLA/GOODMAN 

KENNETH C. GRIFFIN,

 Plaintiff, 

 v. 

INTERNAL REVENUE SERVICE, et al.,

 Defendants. 

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UNOPPOSED MOTION TO STAY 

DEADLINE TO RESPOND TO AMENDED COMPLAINT 

 Defendants the United States of America and the Internal Revenue Service move 

to stay the deadline for Defendants to respond to the Amended Complaint in light of 

Plaintiff Kenneth C. Griffin’s pending Unopposed Motion for Leave to File Second 

Amended Complaint (ECF No. 50). In support of this motion, Defendants aver: 

1. On October 27, 2023, Plaintiff filed the Amended Complaint. ECF No. 47. 

2. Defendants are required to file a response to the Amended Complaint by 

November 13, 2023. See Fed. R. Civ. P. 15(a)(3) (“Unless the court orders otherwise, any 

required response to an amended pleading must be made within the time remaining to 

respond to the original pleading or within 14 days after service of the amended pleading, 

whichever is later.”). 

3. On November 9, 2023, Plaintiff filed the Unopposed Motion for Leave to 

File Second Amended Complaint. ECF No. 50. If the Court grants that motion, the 

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Amended Complaint will be moot, and the United States will have 14 days from the date 

Plaintiff files the Second Amended Complaint to file a response. See Fed. R. Civ. P. 

15(a)(3).

4. Good cause exists to stay the deadline for the United States to respond to 

the Amended Complaint because that document will be moot if the Court grants 

Plaintiff’s pending unopposed motion.

WHEREFORE, Defendants request that the Court stay Defendants’ deadline to 

respond to the Amended Complaint until the Court decides the Unopposed Motion for 

Leave to File Second Amended Complaint.

CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant to Local Rule 7.1(a)(3), undersigned counsel conferred with Plaintiff’s 

counsel on November 9, 2023, and Plaintiff’s counsel advised that they do not oppose the 

relief requested in this motion.

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Dated: November 9, 2023 Respectfully Submitted

DAVID A. HUBBERT 

Deputy Assistant Attorney General 

/s/ Mary Elizabeth Smith 

MARY ELIZABETH SMITH 

Maryland Bar No. 0712110235

STEPHANIE A. SASARAK 

Maryland Bar No. 1012160096

Trial Attorneys, Tax Division 

U.S. Department of Justice 

P.O. Box 14198 

Washington, D.C. 20044 

202-307-2089 (v) | 202-514-4963 (f)

Mary.E.Smith@usdoj.gov 

Stephanie.A.Sasarak@usdoj.gov 

Counsel for the United States 

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CERTIFICATE OF SERVICE 

I hereby certify that on November 9, 2023, I filed a copy of the foregoing 

document with the Clerk of Court using the CM/ECF system, which will send 

notification to counsel of record. 

/s Mary Elizabeth Smith

MARY ELIZABETH SMITH 

Trial Attorney 

 U.S. Dept. of Justice, Tax Division 

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