Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 1

IN THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

________________________________________
)
VERN MCKINLEY, )
)
Plaintiff-Appellant, )
)
v. ) No. 10-5353
)
BOARD OF GOVERNORS OF THE )
FEDERAL RESERVE SYSTEM, )
)
Defendant-Appellee, )
)
)
________________________________________)

UNOPPOSED MOTION FOR A 4-DAY EXTENSION OF TIME

IN WHICH TO FILE THE APPELLEE’S BRIEF

For the reasons set forth below, appellee respectfully moves

for a 4-day extension of time, to and including March 4, 2011, to

file its brief. Appellee’s brief is currently due on February

28, 2011. Appellee has not previously requested any extension of

time. Counsel for the appellant does not oppose this motion.

1. The requested 4-day extension is necessary to ensure

adequate time to prepare and file appellee’s brief. Samantha

Chaifetz and Mark Stern are the attorneys on the Civil Division’s

Appellate Staff with responsibility for the preparation of

appellee’s brief.

2. In addition to the brief currently due in this case on

February 28th, Ms. Chaifetz and Mr. Stern have responsibility for

two other significant appellate briefs due on the same day

 Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 2

(February 28), and extensions are not available in either case:

Ms. Chaifetz and Mr. Stern are responsible for nine consolidated

and expedited appeals in the Fourth Circuit in which the

government’s reply brief is due February 28, 2011, and oral

argument has been scheduled for March 22, 2011. United States v.

Broncheau et al., Nos. 10-7611, 10-7616, 10-7617, 10-7618,

10-7619, 10-7620, 10-7621, 10-7622, 10-7623 (4th Cir.) (appealing

the district court’s construction of 18 U.S.C. § 4248). Ms.

Chaifetz and Mr. Stern also have significant responsibilities

related to Virginia v. Sebelius, Nos. 11-1057, 11-1058 (4th Cir.)

(appealing a district court ruling holding the minimum coverage

provision of the Patient Protection and Affordable Care Act, the

2010 health care legislation, unconstitutional), in which the

government’s opening brief is due February 28, 2011.

Further, Ms. Chaifetz and Mr. Stern have had responsibility

for other recent filings. On February 18, 2011, Ms. Chaifetz and

Mr. Stern filed the government’s brief in Liberty Univ., et al.

v. Geithner, No. 10-2347 (4th Cir.) (defending the

constitutionality of the Patient Protection and Affordable Care

Act).

3. On February 5, 2011, Ms. Chaifetz sustained a

substantial injury to her index finger, which required an

emergency medical procedure and has required continuing medical

care at Georgetown University Hospital’s Center for Hand & Elbow

-2-
 Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 3

Specialists.

4. Ms. Chaifetz has spoken to counsel for the appellant,

and they do not oppose this request for a 4-day extension.

5. For the foregoing reasons, appellee requests that the

time to file its brief be extended by 4 days to March 4, 2011.

Respectfully submitted,

MARK B. STERN
(202) 514-5089

/s/ Samantha Chaifetz

SAMANTHA CHAIFETZ
(202) 514-4821
Samantha.Chaifetz@usdoj.gov

Attorneys, Appellate Staff

Civil Division
Department of Justice
950 Pennsylvania Ave. NW, Room 7248
Washington, D.C. 20530-0001

FEBRUARY 2011
 Case: 10-5353 Document: 1294392 Filed: 02/22/2011 Page: 4

CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of February, 2011, I

filed the foregoing motion using the Court’s electronic filing

system. A copy will be automatically served on the following

counsel through the CM/ECF system:

Paul J. Orfanedes
Michael Bekesha
Judicial Watch, Inc.
425 Third Street, S.W., Suite 800
Washington, D.C. 20024

/s/ Samantha Chaifetz

Samantha Chaifetz
Attorney, Appellate Staff
Civil Division
Department of Justice
950 Pennsylvania Ave. NW, Room 7248
Washington, D.C. 20530-0001
(202) 514-4821
Samantha.Chaifetz@usdoj.gov