USCA Case #18-7185 Document #1789290 Filed: 05/23/2019 Page 1 of 6 [ORAL ARGUMENT NOT YET SCHEDULED] UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT K&D LLC, trading as Cork, Plaintiff-Appellant, v. No. 18-7185 Trump Old Post Office LLC; Donald J. Trump, Defendants-Appellees. CONSENT MOTION FOR AN EXTENSION OF TIME In accordance with Federal Rule of Appellate Procedure 27 and Circuit Rule 27(h), Appellees Trump Old Post Office LLC and Donald J. Trump respectfully request a 31-day extension of time for filing Appellees’ Brief. Specifically, Appellees request that the deadline for their brief be extended from Friday, June 14, 2019 to Monday, July 15, 2019. Appellant has consented to this extension, which is necessary in light of circumstances described below, including other pressing appellate matters for which counsel are responsible. In support of this motion, Appellees state as follows: 1 USCA Case #18-7185 1. Document #1789290 Filed: 05/23/2019 Page 2 of 6 On April 11, 2019, Appellant sought, without opposition from Appellees, a 30-day extension for filing its opening brief. 2. The Court granted Appellant’s motion for an extension of time and entered a revised briefing schedule on April 12, 2019. 3. In accordance with the revised briefing schedule, Appellant filed its opening brief on May 15, 2019. 4. Under the current schedule, Appellees’ Brief is due on June 14, 2019. 5. In order to accommodate existing obligations and commitments, Appellees ask that the Court extend the deadline for Appellees’ Brief by 31 days, to July 15, 2019. 6. The requested extension is necessary to allow counsel adequate time to prepare Appellees’ Brief in light of the issues presented in the case and the circumstances described below. 7. Since the filing of Appellant’s Brief and over the next several weeks before the existing June 14 deadline, undersigned counsel for Appellees have and will continue to have a particularly busy practice, including, for example, a petition for certiorari in Zimmer Biomet Holdings, Inc. v. U.S. District Court, No. 18-_____ (U.S.), a reply brief in 2 USCA Case #18-7185 Document #1789290 Filed: 05/23/2019 Page 3 of 6 support of certiorari in Integrity Staffing Solutions, Inc. v. Busk, No. 181154 (U.S.), and a petition for en banc rehearing in Sweda v. University of Pennsylvania, No. 17-3244 (3d Cir.). 8. Appellees, who are separately represented in this matter, also require extra time to enable their counsel to coordinate the filing of a joint appellees’ brief. 9. Appellees have not previously sought any extension of their briefing time. 10. Appellant, through counsel, consents to the requested 31-day extension. 11. Because oral argument has not yet been scheduled in this appeal, the requested extension would not affect any existing oral argument schedule. CONCLUSION For these reasons, the parties respectfully ask that the Court extend the due date for Appellees’ Brief by 31 days to July 15, 2019. 3 USCA Case #18-7185 Document #1789290 Filed: 05/23/2019 Page 4 of 6 Dated: May 23, 2019 Respectfully submitted, /s/ Rebecca Woods /s/ Michael E. Kenneally Rebecca Woods rwoods@seyfarth.com SEYFARTH SHAW LLP 975 F Street, N.W. Washington, D.C. 20004 T. 202.463.2400 Eric W. Sitarchuk eric.sitarchuk@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, Pennsylvania 19103 T. 215.963.5000 Esther Slater McDonald emcdonald@seyfarth.com SEYFARTH SHAW LLP 1075 Peachtree Street, N.E., Suite 2500 Atlanta, Georgia 30309 T. 404.885.1500 Fred F. Fielding fred.fielding@morganlewis.com Michael E. Kenneally michael.kenneally@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W. Washington, D.C. 20004 T. 202.739.3000 Counsel for Trump Old Post Office, LLC Counsel for Donald J. Trump 4 USCA Case #18-7185 Document #1789290 Filed: 05/23/2019 Page 5 of 6 CERTIFICATE OF COMPLIANCE I hereby certify that this motion complies with Federal Rule of Appellate Procedure 27(d)(1) because it has been prepared in 14-point Century Schoolbook, a proportionally spaced font. I further certify that it complies with Federal Rule of Appellate Procedure 27(d)(2) because it contains 404 words according to the count of Microsoft Word. Dated: May 23, 2019 /s/ Michael E. Kenneally Michael E. Kenneally Counsel for Donald J. Trump 5 USCA Case #18-7185 Document #1789290 Filed: 05/23/2019 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of May, 2019, I electronically served and filed the foregoing motion with the Clerk of the Court by using the appellate CM/ECF system. I also hereby certify that the participants in the case are registered CM/ECF users and will be served via the CM/ECF system. /s/ Michael E. Kenneally Michael E. Kenneally Counsel for Donald J. Trump 6