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Full-text: November 25 2002 Schneider, 310 F. Supp. 2d 251 (March 30 2004), subsequently, 412 F.3d 190 (No. 04-5199, June 28 2005) (U.S.-Chile, murder of RenÚ Schneider, Oct. 22 1970).

United States District Court for the District of Columbia

Filed, Nov 25 2002, Nancy Mayer Whittington, Clerk U.S. District Court

Civ. No. 01-1902 (HHK)


 )
Rene Schneider, et al.,)
Plaintiffs,)
)
v.)
)
Henry A. Kissinger, et al.,)
Defendants.)
 )

Agreed Motion for Enlargement of Time and to Establish Schedule

Agreed Motion for Enlargement of Time and to Establish SchedulePursuant to Federal Rule of Civil Procedure 6(b), the defendants respectfully move for a fourteen day enlargement of time in which to respond to the plaintiffs’ amended complaint. The plaintiffs have agreed to this enlargement, and after consultation the parties have further agreed to a briefing schedule with respect to the defendants’ anticipated motion to dismiss the amended complaint. The grounds for the relief sought by this motion and the parties’ proposed schedule are set forth below:

1. The plaintiffs brought suit against the United States, Dr. Henry Kissinger and Ambassador Richard Helms seeking damages for alleged violations of international law, the Torture Victims Protection Act and torts under District of Columbia law. The defendants moved to dismiss the initial complaint on {p.2} November 9, 2001. Briefing on the defendants’ pending motion to dismiss was completed on January 31, 2002, and the motion to dismiss has been pending since that date.

2.  On November 12, 2002, the plaintiffs served their amended complaint. The plaintiffs also served with their amended complaint a “Notice to the Court of Supplemental Authority” as well as a statement pursuant to Federal Rule of Civil Procedure 25(a)(1) suggesting upon the record the death of defendant Richard Helms and requesting that the Court remove Ambassador Helms’ name from the suit.

3. Under Federal Rule of Civil Procedure 15(a), “[a] party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.” The plaintiffs having served their amended complaint by mail, the defendants’ response presently is due on November 29, 2002. See Fed. R. Civ. P. 6(a), (e).

4. The plaintiffs in this suit seek damages from the United States and from Dr. Kissinger for his alleged actions while serving as Senior Advisor to the President for National Security Affairs. While the defendants do not believe that the plaintiffs present any justiciable claims, the novelty of the issues raised and the {p.3} potential importance of a suit such as this to the United States warrant sufficient time to review and respond to the amended complaint as well as the plaintiffs’ Notice of Supplemental Authority.

5. Under the circumstances, in order that the defendants’ have sufficient time to review the Amended Complaint and prepare an appropriate response, an enlargement of time of fourteen days to until and including December 13, 2002 is required. No prior enlargements have been sought with respect to the amended complaint.

6. Pursuant to L. Civ. R. 7.1(m) {602kb.pdf}, on November 25, 2002, the defendants’ counsel contacted the plaintiffs’ counsel for the purpose of discussing the relief sought in this motion. The plaintiffs agreed to the defendants’ proposed enlargement of time to respond to the complaint and the parties further agreed that the plaintiffs should have until January 17, 2003 in which to respond to the defendants’ anticipated motion to dismiss the amended complaint. The parties further agreed that the defendants should have until February 5, 2003 in which to file a reply memorandum in support of their anticipated motion to dismiss.

Wherefore the defendants respectfully move that the time in which to file their response to the plaintiffs’ Amended Complaint be enlarged to December 13, 2002 and that the Court adopt the parties’ proposed briefing schedule under which {p.4} the plaintiffs would have until January 17, 2003 in which to file an opposition to a motion to dismiss the amended complaint and the defendants have until February 5, 2003 in which to file a reply memorandum. A proposed order has been tendered for the Court’s convenience.

Respectfully submitted,

Robert D. McCallum, Jr.
Assistant Attorney General, Civil Division

Roscoe C. Howard, Jr.
United States Attorney

Helene M. Goldberg
Director, Torts Branch, Civil Division

R. Joseph Sher
Senior Trial Counsel, Torts Branch, Civil Division


Signature: Richard Montague

{Signature}

Richard Montague
Senior Trial Attorney
Constitutional & Specialized Tort Litigation Staff
Torts Branch, Civil Division
Department of Justice
Box 7146 Washington, D.C. 20044

Phone: (202) 616-4158
Facsimile: (202) 616-4314

Attorneys for the United States of America,
and Henry A. Kissinger

Dated: November 26, 2002 {p.5}

______________________

Certificate of Service

I hereby certify that on November 26, 2002, I served a true copy of the foregoing Agreed Motion for Enlargement of Time by both facsimile and first class mail, postage pre-paid, addressed to the plaintiffs’ counsel as follows:

Michael E. Tigar, Esq.
1025 Connecticut Avenue, NW, Suite 1012
Washington, D.C. 20036


Signature: Richard Montague

{Signature}

Richard Montague

 

Source: Photocopy of a duplicate original (the Court’s file copy).

By CJHjr: Scanned, converted to text (OCR: FineReader 6.0), formatted (xhtml/css), links, text {in braces}.

This case: Schneider v. Kissinger, complaint filed, Sept. 10 2001, refused to adjudicate, 310 F. Supp. 2d 251 (D.D.C., No. 01-CV-01902, March 30 2004), affirmed refusal to adjudicate, 412 F.3d 190 {justia, 64kb.pdf, 64kb.pdf} (D.C. Cir., No. 04-5199, June 28 2005), refused to review refusal to adjudicate, certiorari denied, 547 U.S. __ (U.S., No. 05-743, April 17 2006).

Next: Court’s Order (Dec. 4 2002) enlarging time and establishing briefing schedule.

Commentary: The murder of RenÚ Schneider.

This document is not copyrighted and may be freely copied.

Charles Judson Harwood Jr.

CJHjr

Posted May 13 2003. Updated March 6 2008.

http://homepage.ntlworld.com/jksonc/docs/schneider-d25.html

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