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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. ) 

SECOND 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 July 2, 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. The plaintiffs’ fee petition is therefore due on or 

before June 11, 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. However, they believe that an extension of time is 

appropriate in order to ensure that the parties have an adequate opportunity to negotiate a 

USDC IN/ND case 3:15-cv-00463-JD document 93 filed 05/21/18 page 1 of 3
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proper award of fees and costs without the necessity of court intervention. The plaintiffs 

are therefore requesting an extension of time, to and including July 2, 2018, to petition for 

an award of their fees and costs. 

4. 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 

July 2, 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

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 

USDC IN/ND case 3:15-cv-00463-JD document 93 filed 05/21/18 page 2 of 3
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CERTIFICATE OF SERVICE

 I hereby certify that a true copy of the foregoing was filed electronically on this 21st day 

of May, 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 93 filed 05/21/18 page 3 of 3