IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

 

JACE YARBROUGH, 

 

 Plaintiff, 

 v. No. 4:23-cv-00876-ALM 

THE UNITED STATES SPACE FORCE, et 

al., 

 

 

 Defendants. 

AGENCY AND OFFICIAL-CAPACITY DEFENDANTS’ UNOPPOSED APPLICATION 

FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD TO 

PLAINTIFF’S COMPLAINT 

 

The official capacity Defendants, the United States Space Force, the United States Department 

of the Air Force, United States Secretary of Defense Lloyd J. Austin III, United States Secretary of 

the Air Force Frank Kendall, and General B. Chance Saltzman in his official capacity1 (the “moving 

Defendants”) file this motion for extension of time for forty-five (45) days within which to answer or 

otherwise respond to Plaintiff’s complaint. 

Plaintiff filed his Complaint on October 3, 2023. The United States Attorney’s Office in the 

Eastern District of Texas, Sherman Division, was served with a Summons and a copy of the Complaint 

on October 10, 2023, resulting in a response deadline for the moving Defendants of December 11, 

2023. 

The moving Defendants requests the extension to allow for sufficient time to obtain sufficient 

information to respond to the complaint and to coordinate with the defending agency clients, 

1

 Undersigned counsel does not represent General B. Chance Saltzman in his individual capacity and 

does not seek any extension of any deadline pertaining to claims brought against General B. Chance 

Saltzman in his individual capacity. 

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2 

particularly in light of the upcoming holidays (Thanksgiving, Christmas, and New Year’s), undersigned 

counsel’s pre-scheduled leave, and counsel’s workload in other cases to which he is assigned. 

No previous extensions of time have been requested by the moving Defendants in this matter. 

Counsel for Plaintiff has been contacted and does oppose the extension. 

No trial date or other deadlines have been set in this case, and the granting of this extension 

will not impact any deadline. 

Wherefore the moving Defendants respectfully requests the Court grant this application to 

extend the time within which the moving Defendants must answer or otherwise lead to the Complaint 

by forty-five (45) days, up to and including January 25, 2024. 

Dated: November 17, 2023 Respectfully submitted, 

BRIAN M. BOYNTON 

 Principal Deputy Assistant Attorney General 

 CARLOTTA P. WELLS 

Assistant Branch Director 

 /s/ Robert W. Meyer 

ROBERT W. MEYER 

New York Bar No. 5942842 

Trial Attorney 

U.S. Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street NW 

Washington, DC 20005 

Phone: (202) 305-0872 

Email: robert.w.meyer@usdoj.gov 

Attorneys for Defendants

Case 4:23-cv-00876-ALM Document 19 Filed 11/17/23 Page 2 of 3 PageID #: 113
CERTIFICATE OF SERVICE 

 I hereby certify that on November 17, 2023, I electronically filed the foregoing document with 

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

filing. 

/s/Robert W. Meyer 

Robert W. Meyer 

Trial Attorney 

U.S. Department of Justice 

Civil Division, Federal Programs Branch 

Case 4:23-cv-00876-ALM Document 19 Filed 11/17/23 Page 3 of 3 PageID #: 114