UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SOUTHERN DIVISION
CHAMBER OF COMMERCE OF THE
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UNITED STATES OF AMERICA, et al.,
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Plaintiffs
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8:08-CV-03444-AW
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v.
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JANET NAPOLITANO, et al.,
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Defendants.
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____________________________________)
DEFENDANTS’ SECOND STATUS REPORT AND MOTION TO EXTEND STAY
Defendants Secretary of Homeland Security Janet Napolitano, Chairman of the Civilian
Agency Acquisition Council Albert Matera, and the United States of America provide this Status
Report pursuant to the Court’s Order of April 21, 2009. Defendants further move the Court to
extend the Stay currently in place for an additional 70 days to allow the Administration to
complete its review of the Final Rule at issue in this case. As part of this review, the Secretary
of Defense, the Administrator of General Services, and the Administrator of NASA will delay
the Applicability Date of the Final Rule from June 30, 2009 to September 8, 2009.
Defendants’ counsel has conferred with Plaintiffs’ counsel who have indicated that
Plaintiffs consent to the relief sought in this Motion.
The status of this matter is as follows:
1.
The Complaint in this case challenges an Executive Order signed by President Bush in
June 2008, see Exec. Order 13465, 73 Fed. Reg. 33,285 (June 11, 2008) (amending Exec. Order
12,989), and a Final Rule promulgated pursuant to that Order, see Federal Acquisition
Regulation, 73 Fed. Reg. 67,651 (Nov. 14, 2008).
Case 8:08-cv-03444-AW Document 24 Filed 05/29/2009 Page 1 of 5
2.
The Final Rule originally had an effective date of January 15, 2009. See id.
Subsequently, the effective date of the Final Rule was moved to January 19, 2009, and the
applicability date for the Final Rule was moved to February 20, 2009. See 74 Fed. Reg. 1,937
(Jan. 14, 2009). On January 30, 2009, the applicability date was moved to May 21, 2009.
See 74 Fed. Reg. 5,621 (Jan. 30, 2009). On April 17, 2009, the applicability date was moved to
June 30, 2009. See 73 Fed. Reg. 17,793 (April 17, 2009).
3