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) 

DEFENDANTS’ UNOPPOSED MOTION TO EXTEND 

DOCUMENT PRODUCTION DEADLINE AND RELATED DEADLINES 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

JOSHUA E. GARDNER 

Special Counsel 

Federal Programs Branch 

 

JOSEPH E. BORSON 

Assistant Director 

Federal Programs Branch 

/s/ Joshua M. Kolsky___________________ 

JOSHUA M. KOLSKY (DC #993430) 

Senior Trial Counsel 

DOROTHY M. CANEVARI (NY #5989694) 

CRISTEN C. HANDLEY (MO #69114) 

ARJUN MODY (DC # 90013383) 

Trial Attorneys 

U.S. Department of Justice 

Civil Division, Federal Programs Branch 

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 Pursuant to Federal Rule of Civil Procedure 6(b)(1), Defendants respectfully seek a 21-day 

extension of the deadline to complete their expedited document productions, and to extend related 

deadlines accordingly. Plaintiffs do not oppose this request. For the reasons stated below, good cause 

supports this request. 

1. Defendants’ deadline to produce all documents and privilege logs in response to 

Plaintiffs’ expedited requests for production is September 30, 2024. ECF No. 62, at 2. Defendants 

respectfully seek a 21-day extension so that the new deadline is October 21, 2024. 

2. Defendants also seek an extension of three other related deadlines. The deadline for 

Plaintiffs to provide Defendants any notice of intent to seek depositions or additional third-party 

subpoenas for Plaintiffs’ preliminary injunction motion is October 10, 2024. The deadline to file any 

motions concerning Plaintiffs’ notice of intent is October 17, 2024. The deadline to file responses to 

any such motions is October 24, 2024. Based on conferrals with Plaintiffs, and in part based on their 

request, Defendants respectfully seek to likewise extend those deadlines by 21 days, to October 31, 

November 7, and November 12 (accounting for the Veterans Day federal holiday on November 11), 

respectively. This extension will align these deadlines with the related proposed extension of the 

document production deadline discussed above. 

3. Defendants’ unopposed request for a limited extension is not for purposes of delay, 

but is rather to allow Defendants to properly complete this stage of discovery notwithstanding the 

productive meet-and-conferrals and agreements the parties have reached, and the significant additional 

resources State has devoted to this matter. As discussed in the attached Declaration of Neha Lugo, 

Assistant Legal Adviser for Public Diplomacy and Public Affairs at the U.S. Department of State, the 

government has devoted—and is continuing to devote—very significant resources to the document 

review during this period of expedited discovery, and the assigned attorneys and staff have been 

working diligently to attempt to complete review of the thousands of potentially responsive 

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documents gathered in response to Plaintiffs’ expedited requests for production. See Lugo Decl. ¶¶ 

4-9. In addition to the two State Department attorneys permanently assigned to this litigation, State 

assigned three other attorneys and a paralegal specialist to assist with the document review, on top of 

their full workloads. Id. ¶ 7. This means that five of the seven attorneys in the Office of the Assistant 

Legal Adviser for Public Diplomacy and Public Affairs are assisting with the document review. Ms. 

Lugo, a Senior Executive Service manager, also has been doing document review. Id. The State 

Department also has retained contract attorneys, at significant expense, to assist with the document 

review. Id. ¶ 8. The document review is a time-consuming process given the length and sensitivity of 

many of the documents. Id. ¶ 9. For example, there are many spreadsheets with multiple tabs and 

hundreds of rows, and reports that are between 50 and 100 pages long, that must be reviewed for the 

inclusion of any responsive information and assessment of any privileges. Id. Despite Defendants’ 

best efforts, some additional time will be necessary to complete the review and produce the remaining 

non-privileged, responsive documents. Id. ¶ 10. 

4. Therefore, Defendants respectfully request a 21-day extension of the production 

deadline and to extend related deadlines accordingly. 

5. Undersigned counsel has conferred with counsel for Plaintiffs, who do not oppose 

this request. 

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Dated: September 16, 2024 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

JOSHUA E. GARDNER 

Special Counsel 

Federal Programs Branch 

JOSEPH E. BORSON 

Assistant Director 

Federal Programs Branch 

/s/ Joshua Kolsky 

JOSHUA M. KOLSKY (DC # 993430) 

Senior Trial Counsel 

DOROTHY M. CANEVARI (NY # 5989694) 

CRISTEN C. HANDLEY (MO # 69114) 

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) 305-7664 

Email: joshua.kolsky@usdoj.gov 

Counsel for Defendants

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CERTIFICATE OF CONFERENCE 

Pursuant to Local Rule 7(i), counsel for Defendants conferred with counsel for Plaintiffs 

regarding the relief requested in this motion. Plaintiffs do not oppose the motion. 

/s/ Joshua Kolsky 

JOSHUA KOLSKY

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CERTIFICATE OF SERVICE 

On September 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/ Joshua Kolsky 

JOSHUA KOLSKY 

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