Case: 09-5080 Document: 1221701 Filed: 12/21/2009 Page: 1

U.S. District Court

for the District of Columbia Case No. 1:08-cv-02254 JR

Court of Appeals Case No. 09-5080

Consolidating No. 09-5161

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT
_____________ Ο _____________

GREGORY S. HOLLISTER,
Plaintiff – Appellant,
v.

BARRY SOETORO, et al,

Respondents – Appellee.
_____________ Ο _____________

MOTION OF LAWRENCE J. JOYCE, ESQ., AND PHILIP J. BERG, ESQ.,

TO FILE A REPLY OUT OF TIME TO THE OPPOSITION OF
APPELLANTS HOLLISTER AND HEMENWAY TO THE MOTION OF
JOYCE AND BERG TO FILE A BRIEF AMICUS CURIAE
_____________________

Lawrence J. Joyce, Esquire

1517 N. Wilmot Road, Suite 215
Tucson, AZ 85712
(520) 584-0236
Email: barmemberlj@earthlink.net
D.C. Circuit Bar number 52501

Amicus Curiae for himself In Pro Se and,

Counsel for Amicus Philip J. Berg, Esquire
 Case: 09-5080 Document: 1221701 Filed: 12/21/2009 Page: 2

Amici Lawrence J. Joyce and Philip J. Berg hereby request leave of this

Court to file a Reply Out Of Time to the Opposition of Appellants Hollister and

Hemenway to the Motion of the Amici to file a Brief Amicus Curiae on the

following grounds:

1.) The Amici were never served with the Opposition, despite the contrary

statement of John Hemenway that they were in fact served.

2.) Due to a prior commitment, counsel for the Amici, Lawrence J. Joyce,

was out of town when the Opposition was filed with this Court (Wednesday,

December 2, 2009), and he remained so until late at night on Friday, December 4,

2009. Then, due to a continuation of that prior commitment, said counsel was

required to leave town again on Sunday, December 8, 2009, and remain out of

town until late at night on Friday, December 11, 2009. This same commitment then

required counsel to leave town yet again on Sunday, December 15, 2009, and

remain out of town until past the date when he filed the Reply of the Amici to the

Opposition electronically. This left counsel little time to coordinate the submission

of the Reply and the accompanying Declarations thereto.

3.) The Amici will be prejudiced if the Opposition is considered without

their Reply thereto, as the Opposition makes many false statements of fact, and

without the Reply, this Court will not have a full and complete picture before it in

deciding on whether to grant the Amici’s Motion to File their Brief Amicus Curiae.
 Case: 09-5080 Document: 1221701 Filed: 12/21/2009 Page: 3

4.) The parties will not be prejudiced by the filing of the Amici’s Reply,

since the Amici, as we mentioned, were never served with the Opposition.

Wherefore, this Court’s Amici respectfully request leave of this honorable

Court to file their Reply to the Opposition out of time.

Respectfully submitted,

Dated: December 21, 2009 s/ Lawrence J. Joyce

______________________________
Lawrence J. Joyce, Esquire
1517 N. Wilmot Road, Suite 215
Tucson, AZ 85712
(520) 584-0236
Email: barmemberlj@earthlink.net
D.C. Circuit Bar number 52501

Amicus Curiae for himself in Pro Se and,

Counsel for Amicus Philip J. Berg
 Case: 09-5080 Document: 1221701 Filed: 12/21/2009 Page: 4

U.S. District Court

for the District of Columbia Case No. 1:08-cv-02254 JR

Court of Appeals Case No. 09-5080

Consolidating No. 09-5161

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT
_____________ Ο _____________

GREGORY S. HOLLISTER,
Plaintiff – Appellant,
v.

BARRY SOETORO, et al,

Respondents – Appellee.
_____________ Ο _____________

CERTIFICATE OF SERVICE
_____________________

I, Lawrence J. Joyce, Esquire, hereby certify that the Motion of Lawrence J.

Joyce, Esquire and Philip J. Berg, Esquire to file their Reply out of time to the

Opposition of Appellants Hollister and Hemenway to the Motion of Joyce and

Berg to file a Brief Amicus Curiae was served via email this 21st day of December,

2009 upon the following:

John D. Hemenway, Esquire

HEMENWAY & ASSOCIATES
4816 Rodman Street NW
Washington, D.C. 20016
Email: JohnDHemenway@comcast.net
Attorney for Appellant, Gregory S. Hollister

1
Case: 09-5080 Document: 1221701 Filed: 12/21/2009 Page: 5

Marc Elias Esquire

PERKINS COIE
607 Fourteenth St., N.W.
Washington, D.C. 20005-2003
melias@perkinscoie.com
Attorney for Appellees, Barry Soetoro and Joseph Biden

Andrew Harris Werbrock

PERKINS COIE
607 14th Street, NW
Suite 800
Washington, DC 20005-2003
awerbrock@perkinscoie.com
Attorney for Appellees, Barry Soetoro and Joseph Biden

R. Craig Lawrence, Assistant U.S. Attorney

U.S. Attorney's Office
(USA) Appellate Division, Civil Unit
555 4th Street, NW
Washington, DC 20530
Email: craig.lawrence@usdoj.gov
Attorney for Appellees, Barry Soetoro and Joseph Biden

s/ Lawrence J. Joyce
LAWRENCE J. JOYCE, ESQUIRE
Attorney for the Amici