UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

SAN ANGELO DIVISION 

ROBERT SCHELSKE, et al., 

 Plaintiffs, 

 v. 

LLOYD J. AUSTIN, III, 

United States Secretary of Defense, et al., 

 Defendants. 

No. 6:22-cv-0049-H 

JOINT MOTION FOR AN EXTENSION OF T IME TO SUBMIT 

JOINT SUPPLE MENTAL NOTICE 

The parties respectfully request that the Court extend their deadline to respond to the 

Court’s Order directing submission of a joint supplemental notice, ECF No. 115, for 7 days until 

July 14, 2023. The parties have conferred and agree to the requested relief. There is good cause 

to grant this motion. 

1. The Court’s order directs the parties to provide various specific information related 

to all ten of the named Plaintiffs. ECF No. 115. The parties anticipate that based on the nature and 

scope of the requested information, while Plaintiffs can provide such information to their counsel 

directly to the extent they have knowledge of same, responsive information on behalf of 

Defendants will be maintained in different forms and by different entities. 

2. Both parties are in the process of collecting responsive information. The parties 

anticipate that unavailability related to the intervening July 4th holiday, including a day of no 

scheduled activities for Army uniformed personnel on July 3rd, will impede the ability of the 

parties to collect all of the requested information by July 7, 2023. 

3. Additionally, the parties believe that at least some responsive facts will be 

undisputed. A modest extension will provide the parties with an opportunity to fully determine 

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what the agreed-upon facts are in order to more efficiently query Army entities that possess 

required information, and to have the opportunity to meet and confer on areas of disagreement. 

4. No party has previously sought an extension of this deadline. 

For the foregoing reasons, the parties respectfully request that the Court extend the time to 

submit the joint supplemental notice by 7 days to July 14, 2023. 

* * * 

Dated: June 30, 2023 

/s/ Christopher Wiest

CHRISTOPHER WIEST 

Chris Wiest, Attorney at Law, PLLC 

25 Town Center Blvd, Ste. 104 

Crestview Hills, KY 41017 

513-257-1895 

chris@cwiestlaw.com

Counsel for Plaintiffs 

Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

ALEXANDER K. HAAS 

Branch Director 

JOSHUA GARDNER 

Special Counsel 

 /s/ Keri L. Berman 

KERI L. BERMAN 

Trial Attorney 

United States Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street NW, Rm. 11206 

Washington, D.C. 20530 

Tel.: (202) 514-3183 / Fax: (202) 305-7538 

Email: keri.l.berman@usdoj.gov 

Counsel for Defendants

 

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Certificate of Conference 

I have conferred with counsel for Plaintiffs about the relief requested herein. Plaintiffs’ 

counsel, Christopher Wiest, informed me that Plaintiffs consent to the request to extend the 

deadline to submit the Joint Supplemental Notice by 7 days, to July 14, 2023. 

Dated: June 30, 2023 /s/ Keri L. Berman 

KERI L. BERMAN 

Trial Attorney 

United States Department of Justice 

Counsel for Defendants

 

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