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IN THE 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION 

FREEDOM FROM RELIGION FOUNDATION, ) 

et al., ) 

 ) 

 Plaintiffs, ) 

 ) 

 v. ) No. 3:15-cv-00463-JD-CAN 

 ) 

CONCORD COMMUNITY SCHOOLS, ) 

 ) 

 Defendant. ) 

FOURTH UNOPPOSED MOTION FOR EXTENSION OF TIME 

TO PETITION FOR ATTORNEYS’ FEES AND COSTS 

 COME NOW Plaintiffs, by their counsel, and respectfully request an extension of time, 

to and including October 1, 2018, to petition for an award of their attorneys’ fees and costs in this 

cause. In support of this Motion, the plaintiffs state as follows: 

1. On March 6, 2017, this Court entered its order granting in part and denying in part the 

plaintiffs’ summary judgment motion (ECF No. 70). Final judgment was issued the next 

day. (ECF No. 71). The parties filed cross-appeals to the Seventh Circuit Court of Appeals, 

and this Court accordingly extended the deadline for the plaintiffs to seek their attorneys’ 

fees and costs until 60 days after the finalization of the then-pending appeal. 

2. On March 21, 2018, the Seventh Circuit affirmed this Court’s summary judgment decision. 

Mandate was issued on April 12, 2018. Following multiple extensions of time, the 

plaintiffs’ fee petition is now due on or before August 1, 2018. 

3. The plaintiffs believe that they are entitled to a portion of their attorneys’ fees and costs in 

this case pursuant to 42 U.S.C. § 1988. The parties have engaged in settlement negotiations 

regarding a proper award of fees and costs, and have reached an agreement in principle 

USDC IN/ND case 3:15-cv-00463-JD document 97 filed 07/31/18 page 1 of 3
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concerning the amount of fees. However, they require additional time to finalize their 

agreement and to acquire necessary signatures. 

4. The plaintiffs are therefore asking for a 60-day extension of time, to and including October 

1, 2018, within which to petition for an award of their fees and costs. This period of time 

is requested out of an abundance of caution in order to obviate the need to request an 

additional extension of time. In the event that the parties finalize their argument in advance 

of this date, undersigned counsel will notify the Court. 

5. Undersigned counsel has conferred with counsel for the defendant and has been authorized 

to represent that the defendant has no objection to this Motion. 

WHEREFORE, the plaintiffs respectfully request an extension of time, to and including 

October 1, 2018, to petition for an award of their attorneys’ fees and costs in this cause, and request 

all proper relief.

 /s/ Gavin M. Rose 

 Gavin M. Rose, 

 ACLU OF INDIANA

 1031 E. Washington St. 

 Indianapolis, IN 46202 

 317/635-4059 

 fax: 317/635-4105 

 grose@aclu-in.org 

 Sam Grover, Pro Hac Vice 

Ryan Jayne, Pro Hac Vice

FREEDOM FROM RELIGION FOUNDATION

P.O. Box 750 

Madison, WI 53701 

608/256-8900 

fax: 608/204-0422 

sgrover@ffrf.org 

rjayne@ffrf.org 

Daniel Mach, Pro Hac Vice 

Heather L. Weaver, Pro Hac Vice 

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

USDC IN/ND case 3:15-cv-00463-JD document 97 filed 07/31/18 page 2 of 3
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 915 15th Street, N.W., Ste. 600 

Washington, D.C. 20005 

202/675-2330 

fax: 202/546-0738 

dmach@dcaclu.org 

hweaver@aclu.org 

 Attorneys for the plaintiffs 

CERTIFICATE OF SERVICE

 I hereby certify that a true copy of the foregoing was filed electronically on this 31st day 

of July, 2018. Parties may access this document through the Court’s electronic system. The 

following persons will be served with this filing by operation of the Court’s electronic system: 

Anthony Overholt 

<aoverholt@fbtlaw.com> 

 /s/ Gavin M. Rose 

 Gavin M. Rose 

 Attorney at Law 

USDC IN/ND case 3:15-cv-00463-JD document 97 filed 07/31/18 page 3 of 3