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IN THE 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) 

JOINT MOTION TO EXTEND PLAINTIFFS’ DEADLINE TO OPPOSE 

DEFENDANTS’ MOTION TO DISMISS 

AND TO RESCHEDULE ORAL ARGUMENT 

 Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), and in accordance with 

instructions received from this Court’s chambers, the parties jointly request that the Court 

extend Plaintiffs’ deadline to oppose Defendants’ motion to dismiss and reschedule the April 

19, 2024 oral argument to April 23, 2024. For the reasons below, good cause supports this 

joint request. 

1. The Court’s March 18, 2024 Order set in-person oral argument on all pending motions 

in this case for April 19, 2024. See ECF No. 30. There are four motions to be addressed at 

oral argument: (1) Defendants’ motion to transfer venue, ECF No. 14; (2) Defendants’ motion 

to dismiss, ECF No. 33; (3) Plaintiffs’ motion for preliminary injunction, ECF No. 11; and (4) 

Plaintiffs’ motion for expedited preliminary-injunction-related discovery, ECF No. 13. See

ECF No. 36 at 1. 

2. To allow sufficient time to prepare their opposition to Defendants’ motion to dismiss 

and in light of their scheduling constraints, Plaintiffs seek a two-day extension of their April 

8, 2024 deadline for their opposition, to April 10, 2024. This extension, if granted, would 

make Defendants’ reply in support of their motion to dismiss due by April 17, which would 

conflict with Defendants’ existing preparation and travel schedule for oral argument. 

Case 6:23-cv-00609-JDK Document 38 Filed 04/04/24 Page 1 of 5 PageID #: 1075
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Defendants do not oppose Plaintiffs’ requested extension, provided that oral argument be 

rescheduled to April 22 or April 23. The parties understand from correspondence with this 

Court’s chambers that the Court is available on either date. Subject to the Court’s schedule 

and preference, the parties propose April 23, to avoid traveling over the weekend. This modest 

extension would allow sufficient time for all parties to adequately prepare for and travel to oral 

argument. Further, it would not impact any other existing deadlines in this matter. 

 For these reasons, the parties jointly request that Plaintiffs’ deadline to oppose 

Defendants’ motion to dismiss be extended to April 10, 2024, and that oral argument be 

rescheduled to April 23, 2024. A proposed Order is attached. 

Dated: April 4, 2024 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

JAMES J. GILLIGAN 

Special Litigation Counsel 

Federal Programs Branch 

JOSHUA E. GARDNER

Special Counsel 

Federal Programs Branch 

/s/Cristen C. Handley 

CRISTEN C. HANDLEY 

DOROTHY M. CANEVARI 

ARJUN MODY 

Trial Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street, N.W. 

Washington, D.C. 20005 

Tel: (202)-305-2677 

Fax: (202)-616-8470 

Email: cristen.handley@usdoj.gov 

Counsel for Defendants 

Case 6:23-cv-00609-JDK Document 38 Filed 04/04/24 Page 2 of 5 PageID #: 1076
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/s/ Margaret A. Little 

Margaret A. Little 

Lead Attorney 

Senior Litigation Counsel 

Connecticut Bar # 303494 

NEW CIVIL LIBERTIES ALLIANCE 

1225 19th Street NW, Suite 450 

Washington, DC 20036 

Telephone: (202) 869-5210 

 Facsimile: (202) 869-5238 

Peggy.Little@ncla.legal

/s/ Margot J. Cleveland 

Margot J. Cleveland, 

Of Counsel 

Michigan Bar #P83564 

NEW CIVIL LIBERTIES ALLIANCE

Margot.Cleveland@ncla.legal

/s/ Casey Norman

Casey Norman* 

Pro hac vice forthcoming 

Litigation Counsel 

New York Bar #5772199 

Casey.Norman@ncla.legal

Attorneys for Plaintiffs the 

Daily Wire Entertainment LLC and 

FDRLST Media LLC 

KEN PAXTON

Attorney General of Texas 

BRENT WEBSTER

First Assistant Attorney General of Texas 

GRANT DORFMAN

Deputy First Assistant Attorney General of Texas 

RALPH MOLINA

Deputy Attorney General for Legal Strategy 

RYAN D. WALTERS

Chief, Special Litigation Division 

Case 6:23-cv-00609-JDK Document 38 Filed 04/04/24 Page 3 of 5 PageID #: 1077
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/s/ Susanna Dokupil

SUSANNA DOKUPIL

Lead Attorney 

Special Counsel 

Texas State Bar No. 24034419 

AMY S. HILTON

Special Counsel 

Texas State Bar No. 24097834 

JOHNATHAN STONE

Special Counsel 

Texas State Bar No. 24071779 

Attorneys for the State of Texas 

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CERTIFICATE OF SERVICE 

 I hereby certify that on April 4, 2024, I electronically filed the foregoing paper with 

the Clerk of Court using this Court’s CM/ECF system, which will notify all counsel of record 

of such filing. 

/s/Cristen C. Handley 

CRISTEN C. HANDLEY 

Trial Attorney 

United States Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street, N.W. 

Washington, D.C. 20005 

Tel: (202)-305-2677 

Fax: (202)-616-8470 

Email: cristen.handley@usdoj.gov 

CERTIFICATE OF CONFERENCE 

 I hereby certify that counsel for the parties have conferred regarding this joint motion. 

This joint motion is unopposed. 

 

/s/Cristen C. Handley 

CRISTEN C. HANDLEY 

Trial Attorney 

U.S. Department of Justice 

Case 6:23-cv-00609-JDK Document 38 Filed 04/04/24 Page 5 of 5 PageID #: 1079