DEFS.’ MOT. FOR EXT. OF TIME - 1 -

JEAN E. WILLIAMS

Acting Assistant Attorney General

SEAN C. DUFFY (NY Bar. No. 4103131)

FRANK J. SINGER (CA Bar. No. 227459)

Trial Attorneys

United States Department of Justice

Environment & Natural Resources Division

Natural Resources Section

150 M Street NE

Washington, DC 20002

Telephone: (202) 305-0445

Facsimile: (202) 305-0506

sean.c.duffy@usdoj.gov

Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

KELSEY CASCADIA ROSE JULIANA, et al.,

Plaintiffs,

v.

UNITED STATES OF AMERICA, et al.,

Defendants.

Case No. 6:15-cv-01517-TC

DEFENDANTS’ MOTION FOR 

EXTENSION OF TIME TO RESPOND 

TO PLAINTIFFS’ MOTION FOR 

LEAVE TO FILE AN AMENDED 

COMPLAINT (ECF No. 462)

EXPEDITED CONSIDERATION 

REQUESTED 

Defendants respectfully move for an extension of time, until April 6, 2021, to file a 

response to Plaintiffs’ Motion for Leave to File an Amended Complaint (ECF No. 462).1

 This 

request is made for good cause as follows: 

 

1 Counsel for the parties have conferred in good faith by email and telephone regarding the 

need for an extension of time. See LR 7-1(a). Plaintiffs oppose this motion to extend time.

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DEFS.’ MOT. FOR EXT. OF TIME - 2 -

1. This Court certified this case for interlocutory appeal and stayed the case pending a 

decision by the Court of Appeals for the Ninth Circuit on November 21, 2018. ECF No. 

444; see also Order of Jan. 8, 2019, ECF No. 453 (reaffirming that proceedings are stayed 

pending the final disposition of the appeal before the Ninth Circuit).

2. The Ninth Circuit issued its opinion on January 17, 2020. ECF No. 459. The Ninth Circuit 

reversed this Court’s certified orders and remanded the case to this Court “with instructions 

to dismiss for lack of Article III standing.” Id. at 32. Plaintiffs petitioned the Court of 

Appeals for rehearing en banc. That petition was denied on February 10, 2021. ECF No. 

460. On March 5, 2021, the Ninth Circuit issued the formal mandate pursuant to Fed. R. 

App. P. 41(a), and the January 17, 2020 judgment took effect that day. ECF No. 461.

3. On March 9, 2021, Plaintiffs moved this Court for leave to file an amended complaint and 

requested that this Court lift its stay. ECF No. 462. Defendants’ response to that motion 

is due March 23, 2021. 

4. Like the two complaints previously filed in this case, the proposed second amended 

complaint (“Proposed Complaint”) is over 300 paragraphs in length and contains numerous 

allegations directed at more than a dozen federal agencies, nearly all of which are named 

as Defendants. See Proposed Complaint, ECF No. 462-1. 

5. In responding to the Motion for Leave, Defendants will need to consult with and solicit 

feedback from all of the named Defendants. The decision makers within those Defendant 

agencies will need to familiarize themselves not only with the Motion for Leave, but also 

the underlying allegations in the Proposed Complaint.

6. Presently, the Defendant agencies are in the midst of transition due to the recent change in 

administration. Some decision makers within the Defendant agencies have only recently 

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DEFS.’ MOT. FOR EXT. OF TIME - 3 -

arrived, or have yet to arrive, and assume the duties of their new positions. Consultation 

on this case and the Motion for Leave to Amend will therefore take more time than usual. 

7. To account for these challenges, the Defendant agencies will need an additional amount of 

the time to respond to the motion for leave to amend. Defendants are asking for only an 

additional two weeks.

8. In addition, undersigned counsel, who will be leading the effort to coordinate with the 

Defendant agencies in responding to the motion for leave to amend, has a number of 

preexisting professional obligations over the next few weeks. These including drafting a 

brief on a dispositive motion in one case and participating in oral argument on a dispositive 

motion in another case. These obligations are in addition to others in more than a dozen 

cases currently pending in federal district courts. 

9. This motion is brought to allow Defendants the necessary time they require to respond to 

the motion for leave to amend and not to delay proceedings. 

For all of the foregoing reasons, Defendants respectfully request that the Court grant this 

motion and extend, until April 6, 2021, Defendants’ deadline to respond to the motion for leave 

to amend.

Dated: March 15, 2021 JEAN E. WILLIAMS

Acting Assistant Attorney General

United States Department of Justice

/s/ Sean C. Duffy

SEAN C. DUFFY (NY 4103131)

FRANK J. SINGER (CA Bar. No. 227459)

Environment & Natural Resources Division

Natural Resources Section

150 M Street, NE

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Washington, DC 20002

Tel: (202) 305-0445 

Fax: (202) 305-0506

E-mail: sean.c.duffy@usdoj.gov 

Attorneys for Defendants

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