1 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION 

THE DAILY WIRE, LLC et al., 

 Plaintiffs, 

v. 

UNITED STATES DEPARTMENT 

OF STATE et al., 

 Defendants. 

 Civil Action No. 6:23-cv-00609 (JDK) 

DEFENDANTS’ UNOPPOSED MOTION TO TEMPORARILY SUSPEND DEADLINE 

TO ANSWER THE COMPLAINT 

Defendants respectfully request that the Court suspend the deadline to answer the complaint, 

which is currently May 21, 2024, in light of the parties’ forthcoming Rule 26(f) conference and Rule 

16(b) submission proposing a schedule for future proceedings in this case. Defendants have conferred 

with Plaintiffs, who consent to this request. 

Good cause exists to suspend the answer deadline at this juncture. On May 7, 2024, the Court 

granted in part and denied in part Defendants’ motion to dismiss, ECF No. 53, making Defendants’ 

deadline to file a responsive pleading with respect to Plaintiffs’ remaining claims May 21. Fed. R. Civ. 

P. 12(a)(4)(A). The Court also entered an order authorizing expedited discovery, which is now 

ongoing. ECF No. 54. Finally, the Court ordered the parties to meet and confer under Federal Rule 

of Civil Procedure 26(f) by May 24, and to submit a proposed schedule for the disposition of this case 

under Federal Rule of Civil Procedure 16(b) by May 31. ECF No. 55. 

Defendants submit that preparing and filing an answer by May 21, in light of the parties’ 

forthcoming Rule 26(f) conference and Rule 16(b) scheduling submission to the Court, as well as the 

parties’ ongoing obligations regarding expedited discovery, would be an inefficient use of resources. 

Case 6:23-cv-00609-JDK Document 57 Filed 05/16/24 Page 1 of 4 PageID #: 1985
2 

As directed by the Court, the parties plan to discuss a schedule for this case, including any deadline to 

answer the complaint, at the Rule 26(f) conference next week. 

Defendants therefore respectfully request that the Court suspend the deadline to answer the 

complaint pending the entry of a scheduling order in this case. 

Dated: May 16, 2024 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

JAMES J. GILLIGAN 

Special Litigation Counsel, 

Federal Programs Branch 

JOSHUA E. GARDNER 

Special Litigation Counsel, 

Federal Programs Branch 

/s/Arjun Mody 

DOROTHY CANEVARI (NY # 5989694) 

CRISTEN C. HANDLEY (MO # 69114) 

CODY T. KNAPP (NY # 5715438) 

ARJUN MODY (DC # 90013383) 

Trial Attorneys 

United States Department of Justice 

Civil Division 

Federal Programs Branch 

1100 L Street, N.W. 

Washington, D.C. 20005 

Tel: (202) 451-7723 

Email: arjun.a.mody@usdoj.gov 

Counsel for Defendants

Case 6:23-cv-00609-JDK Document 57 Filed 05/16/24 Page 2 of 4 PageID #: 1986
3 

CERTIFICATE OF CONFERENCE 

I, Arjun Mody, certify that on May 15, 2024, counsel for Plaintiffs communicated with counsel 

for Defendants that Plaintiffs consent to the relief sought in this motion. 

/s/ Arjun Mody

ARJUN MODY 

Case 6:23-cv-00609-JDK Document 57 Filed 05/16/24 Page 3 of 4 PageID #: 1987
4 

CERTIFICATE OF SERVICE 

On May 16, 2024, I electronically submitted this document to the clerk of court of the U.S. 

District Court for the Eastern District of Texas using the court’s electronic case filing system. I certify 

that I have served all parties electronically or by another manner authorized by Federal Rule of Civil 

Procedure 5(b)(2). 

/s/ Arjun Mody

ARJUN MODY 

Case 6:23-cv-00609-JDK Document 57 Filed 05/16/24 Page 4 of 4 PageID #: 1988