Case: 11-2511

Document: 00116335309

Page: 1

Date Filed: 02/17/2012

Entry ID: 5619575

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 11-2511 IN RE: REQUEST FROM THE UNITED KINGDOM PURSUANT TO THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS IN THE MATTER OF DOLOURS PRICE, UNITED STATES Petitioner - Appellee, v. ED MOLONEY, ANTHONY MCINTYRE, Movants - Appellee. No. 12-1159 ED MOLONEY, ANTHONY MCINTYRE, Plaintiffs - Appellants, v. ERIC H. HOLDER, Attorney General; JOHN T. MCNEIL, Commissioner Defendants - Appellees.

MOTION OF AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS FOR EXTENSION OF TIME TO FILE PROPOSED AMICUS BRIEF

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Case: 11-2511

Document: 00116335309

Page: 2

Date Filed: 02/17/2012

Entry ID: 5619575

Movant American Civil Liberties Union of Massachusetts (ACLUM) respectfully requests an extension of time until March 2, 2012 within which to file a proposed amicus brief. As grounds for its motion, ACLUM states as follows: 1. The American Civil Liberties Union of Massachusetts (ACLUM) is a

non-profit membership corporation which has as its sole purpose the promotion and defense of the core principles of individual liberty embodied in our constitutions. Among these are rights of free speech, a free press and the right of free association. Because ACLUM believes that the academic freedom and

scholarship issues raised in this case implicate significant constitutional interests that will inform the Courts decision, it intends to file a proposed amicus brief to address those issues along with a motion for leave under Fed. R. App. P. 29. 2. The current briefing schedule provides that appellants brief is due

February 17, 2012 and appellees brief is due on March 9, 2012. Under Rule 29(e), a proposed amicus brief in support of appellants will be due on February 24, 2012. 3. Because of the need for undersigned counsel to sufficiently

familiarize themselves with the facts and background of the case in order to prepare an amicus brief useful to the Court, ACLUM respectfully request that the time within which its proposed amicus brief must be filed be extended one week until March 2, 2012. See Fed. R. App. P. 29 (e) (A court may grant leave for later filing, specifying the time within which an opposing party may answer.).

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Case: 11-2511

Document: 00116335309

Page: 3

Date Filed: 02/17/2012

Entry ID: 5619575

3.

The government opposes the schedule proposed by ACLUM.

WHEREFORE, movant American Civil Liberties Union of Massachusetts respectfully requests that the Court extend until March 2, 2012 the time within which to file a proposed amicus brief in support of the appellants and a motion for leave under Fed. R. App. P. 29.

By its attorneys, /s/Peter B. Krupp Peter B. Krupp, First Cir. No. 51561 LURIE & KRUPP, LLP One McKinley Square Boston, MA 02109 Tel: 617-367-1970 ext. 101 /s/Jonathan M. Albano Jonathan M. Albano, First Cir. No. 34321 Robert E. McDonnell, First Cir. No. 56450 BINGHAM MCCUTCHEN LLP One Federal Street Boston, MA 02110-1726 617.951.8000

/s/Sarah Wunsch Sarah Wunsch, First Cir. No. 28628 ACLU OF MASSACHUSETTS 211 Congress Street, 3rd Floor Boston, MA 02110 617-482-3170, ext. 323 swunsch@aclum.org Dated: February 17, 2012 Certificate of Service I hereby certify that on February 17, 2012, I caused this document to be filed through the CM/ECF system and sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF). /s/Jonathan M. Albano Jonathan M. Albano

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