Case 2:13-cv-00395-AWA-LRL Document 12 Filed 08/16/13 Page 1 of 3 PageID# 54

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA -NORFOLK DIVISIONTIMOTHY B. BOSTIC, and TONY C. LONDON, Plaintiffs, v. ROBERT F. MCDONNELL, in his official capacity as Governor of Virginia, and KENNETH T. CUCCINELLI, in his official capacity as Attorney General of Virginia, and GEORGE E. SCHAEFER, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court, Defendants. MOTION FOR EXTENSION AND ENTRY OF CONSENT ORDER Defendant, George E. Schaefer, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court, by counsel, moves this Court for an extension of time to file responsive pleading and for entry of the Consent Order attached to this Motion as Exhibit A for the reasons set forth in the accompanying memorandum, and granting such other, further and additional relief deemed necessary and just. Respectfully submitted this 16th day of August, 2013. Case No.: 2:13cv395

Case 2:13-cv-00395-AWA-LRL Document 12 Filed 08/16/13 Page 2 of 3 PageID# 55

GEORGE E. SCHAEFER, III, in his official capacity as Clerk of Court for Norfolk Circuit Court

By: _________/s/_____________ David B. Oakley, Esq. Virginia Bar Number 72226 Jeffrey F. Brooke, Esq. Virginia Bar Number 28699 POOLE MAHONEY PC 860 Greenbrier Circle, Suite 103 Chesapeake, VA 23320 Phone: 757-962-6625 Fax: 757-962-6180 Counsel for Defendant George E. Schaefer, III in his official capacity as Clerk of Court for Norfolk Circuit Court

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CERTIFICATE OF SERVICE I hereby certify that on the 16th day of August, 2013, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will then send a notification of such filing (NEF) to the following: Thomas B. Shuttleworth, Esq., tshuttleworth@srgslaw.com Charles B. Lustig, Esq., clustig@srgslaw.com and E. Duncan Getchell, Jr. dgetchell@oag.state.va.us And I hereby certify that I will mail the document by U.S. Mail to the following nonfiling user at his last known address: Robert E. Ruloff, Esq., VSB # 13471 Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.C. 4525 South Blvd., Ste. 300 Virginia Beach, VA 23452

By: /s/ David B. Oakley, Esq. Virginia Bar Number 72226 Jeffrey F. Brooke, Esq. Virginia Bar Number 28699 POOLE MAHONEY PC 860 Greenbrier Circle, Suite 103 Chesapeake, VA 23320 Phone: 757-962-6625 Fax: 757-962-6180 Email: doakley@poolemahoney.com

Case 2:13-cv-00395-AWA-LRL Document 12-1 Filed 08/16/13 Page 1 of 2 PageID# 57

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA -NORFOLK DIVISIONTIMOTHY B. BOSTIC, and TONY C. LONDON, Plaintiffs, v. ROBERT F. MCDONNELL, in his official capacity as Governor of Virginia, and KENNETH T. CUCCINELLI, in his official capacity as Attorney General of Virginia, and GEORGE E. SCHAEFER, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court, Defendants. CONSENT ORDER THIS DAY came the Plaintiffs and Defendant George E. Schaefer, III on Defendant George E. Schaefer, IIIs Motion for an Extension of Time and Entry of Consent Order, and it appearing that the Plaintiffs do not object to the extension of time requested by the Defendant, it is hereby; ADJUDGED, ORDERED and DECREED that Defendant George E. Schaefer, III is granted leave and an extension of time to file responsive pleadings upon the earlier of October 21, 2013 or twenty-one (21) days after the filing of an Amended Complaint by the Plaintiffs. Entered this _______ day of August, 2013. Case No.: 2:13cv395

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___________________________________ Judge WE ASK FOR THIS:

_______/s/____________________________ David B. Oakley, Esq. Virginia Bar Number 72226 POOLE MAHONEY PC 860 Greenbrier Circle, Suite 103 Chesapeake, VA 23320 Phone: 757-962-6625 Fax: 757-962-6180 Counsel for Defendant George E. Schaefer, III in his official capacity as Clerk of Court for Norfolk Circuit Court

______/s/_______________________________ Thomas B. Shuttleworth, Esq., VSB # 13330 Charles B. Lustig, Esq., VSB # 29442 Robert E. Ruloff, Esq., VSB # 13471 Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.C. 4525 South Blvd., Ste. 300 Virginia Beach, VA 23452 Counsel for Plaintiffs