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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

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

PLAINTIFFS’ UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEADLINES 

IN THE AMENDED PRELIMINARY INJUNCTION SCHEDULING ORDER

(ECF NO. 81)

Pursuant to Federal Rule of Civil Procedure 6(b), Plaintiffs respectfully move this Court for 

an extension of time for the deadlines set forth in ECF No. 81, the Amended Preliminary Injunction 

Scheduling Order.

Good cause exists to support this request. Nine days before the deadline to notify the Court 

about any additional subpoenas or depositions Plaintiffs might seek, Defendants produced an 

additional 2,000-plus documents—more documents than the total of all seven prior document 

productions made during the expedited discovery period. Additionally, Defendants served its final 

Privilege Log related to the final expedited document production, which consisted of over 80 pages. 

The Privilege Logs related to the seven earlier document productions totaled only 53 pages. Plaintiffs’ 

attorneys are unable to review these documents and the accompanying Privilege Log in this timeframe, 

especially given commitments in other cases. 

Defendants represented that they produced the documents and Privilege Logs as expeditiously 

as possible and agree that good cause justifies revising the amended scheduling order. Accordingly, 

the Plaintiffs respectfully request the Court enter the proposed revised schedule set forth below and 

in the proposed order.

THE DAILY WIRE, LLC et al.,

Plaintiffs

v.

UNITED STATES DEPARTMENT

OF STATE et al.,

Defendants.

Case 6:23-cv-00609-JDK Document 83 Filed 10/28/24 Page 1 of 4 PageID #: 2278
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[PROPOSED] SCHEDULE

If any of these dates fall on a weekend or Court holiday, the deadline is modified to be the next 

Court business day. Also note that all deadlines in this order are for filing or delivery, not mailing

dates.

November 14, 2024 Plaintiffs provide Defendants notice of intent to seek depositions or additional 

third-party subpoenas for preliminary injunction.

November 21, 2024 Deadline to file any motions concerning Plaintiffs’ notice of intent to seek 

depositions or additional third-party subpoenas for preliminary injunction.

Lead counsel for each party must meet and confer as required by Local Rule 

CV-7(h) either in person or by telephone before filing any motions.

November 26, 2024 Deadline for responses to any motions concerning Plaintiffs’ notice of intent to 

seek depositions or additional third-party subpoenas for preliminary injunction.

November 29, 2024 Plaintiffs serve additional third-party subpoenas, if needed.

January 10, 2025 All preliminary injunction discovery, including third-party discovery and 

depositions, closes.

January 31, 2025 Deadline for Plaintiffs to file an amended motion for preliminary injunction 

limited to 35 pages, excluding the table of contents, table of authorities, 

signature blocks, and certificates.

February 21, 2025 Deadline for Defendants to file a response to the amended motion for 

preliminary injunction limited to 40 pages, excluding the table of contents, table 

of authorities, signature blocks, and certificates.

March 7, 2025 Deadline for Plaintiffs to file a reply in support of their amended motion for 

preliminary injunction limited to 15 pages excluding the table of contents, table 

of authorities, signature blocks, and certificates.

April 7, 2025 Deadline for motions to amend pleadings.

April 14, 2025 Deadline for joint status report on remaining discovery needed.

The parties shall meet and confer and file a notice regarding completion of Rule 

26 and third-party discovery, including the potential need for periodic status 

conferences, whether the anticipated six months from the preliminary 

injunction ruling is adequate for completing discovery, and any adjustments to 

the limits on discovery.

Case 6:23-cv-00609-JDK Document 83 Filed 10/28/24 Page 2 of 4 PageID #: 2279
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Dated: October 28, 2024

Ken Paxton

Attorney General

Brent Webster

First Assistant Attorney General

Ralph Molina

Deputy First Assistant Attorney General 

Austin Kinghorn

Deputy Attorney General for Legal Strategy

Charles K. Eldred

Chief, Legal Strategy

Ryan D. Walters

Chief, Special Litigation Division 

/s/ David Bryant 

David Bryant

Senior Special Counsel

Texas Bar No. 03281500

Susanna Dokupil

Attorney in Charge

Special Counsel

Texas Bar No. 24034419

Munera Al-Fuhaid

Special Counsel

Texas Bar No. 24094501

Office of the Attorney General of Texas

Special Litigation Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Tel.: (512) 463-2100

Susanna.Dokupil@oag.texas.gov

David.Bryant@oag.texas.gov

Munera.Al-Fuhaid@oag.texas.gov

Counsel for the State of Texas

Respectfully submitted,

/s/ Jenin Younes 

Jenin Younes

NY Bar No. 5020847

New Civil Liberties Alliance

jenin.younes@ncla.legal 

Margot J. Cleveland

Of Counsel

Michigan Bar No. 83564

New Civil Liberties Alliance

margot.cleveland@ncla.legal 

Counsel for The Daily Wire

Entertainment LLC and FDRLST Media 

LLC

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CERTIFICATE OF CONFERENCE

Pursuant to Local Rule CV-7(h)–(i), I certify that: (1) I complied with this Court’s conferral 

requirement for motions and (2) this motion is unopposed by Defendants. 

/s/ Margot J. Cleveland

CERTIFICATE OF SERVICE

On October 28, 2024, I electronically submitted this document to the clerk of the 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/ Margot J. Cleveland

Case 6:23-cv-00609-JDK Document 83 Filed 10/28/24 Page 4 of 4 PageID #: 2281