Defendant USA's Unopposed Motion for Leave to Exceed Page Limit and Memo in Support with Certificate of Service and Conference

    IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

  

LOIS THOMPSON on behalf of and 

as next friend to TAYLOR KEONDRA 
DIXON, ZACHERY X. WILLIAMS, 

CALVIN A. THOMPSON and PRENTISS 

LAVELL MULLINS, 

Plaintiffs, 

Ve Civ. A. No. CA3-92-1539-R 

BURTON F. RAIFORD, in his 

capacity as Commissioner of 
the Texas Department of Human 
Services, 

and 

THE UNITED STATES OF AMERICA, 

Defendants. 

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DEFENDANT UNITED STATES OF AMERICA'S UNOPPOSED 

MOTION FOR LEAVE TO EXCEED PAGE LIMIT 

AND MEMORANDUM IN SUPPORT 
  

Pursuant to Local Rule 5.3(c), defendant United States of America 

("USA"), by and through its undersigned counsel, respectfully moves 

this Court for leave to file an Opposition to PUEBLO, ABC, NYCCELP and 

Individual Proposed Plaintiff-Intervenors' Motion to Intervene and 

Memorandum in Support in the above-captioned matter which is thirty 

(30) pages in length. The proposed brief is attached hereto. In 

support of this motion, defendant USA respectfully states as follows: 

DEFENDANT UNITED STATES OF AMERICA'S 

UNOPPOSED MOTION FOR LEAVE TO EXCEED 

PAGE LIMIT AND MEMORANDUM IN SUPPORT -- Page 1    



  

1. On October 21, 1992, People United for a Better Oakland 

("PUEBLO"), Denver Action for a Better Community ("ABC"), New York 

City Coalition to End Lead Poisoning ("NYCCELP") and a number of 

individuals ("proposed intervenors") filed a Motion to Intervene and 

to Join Additional Defendant ("Proposed Motion to Intervene"), and a 

Proposed Complaint in Intervention, seeking essentially the same 

relief against defendant USA as the named plaintiffs on behalf of a 

nationwide class of Medicaid-eligible children residing in the United 

States. 

3 Although defendant USA's brief is 30 pages long, in light of 

the complexity of the issues it addresses, and in light of the variety 

of issues which are raised by the proposed organizational and 

individual intervenors, it is not excessive in length. Defendant USA 

has incorporated its arguments in opposing each of the proposed 

organizational and individual intervenors' request for intervention 

into one brief. 

3. Counsel for proposed intervenors has indicated that they do 

not oppose defendant USA's request for leave to file a brief in excess 

of the 25-page limit of Local Rule 5.3(c). 

WHEREFORE, defendant United States of America asks that this 

Court grant it leave to file an Opposition to PUEBLO, ABC, NYCCELP and 

Individual Proposed Plaintiff-Intervenors' Motion to Intervene and 

Memorandum in Support in excess of the 25-page limitation of Local 

Rule 5.3(c). 

DEFENDANT UNITED STATES OF AMERICA'S 

UNOPPOSED MOTION FOR LEAVE TO EXCEED 

PAGE LIMIT AND MEMORANDUM IN SUPPORT -- Page 2 
  

 



[ 8 - 

Dated: November 20, 1992 Respectfully submitted, 

  

STUART M. GERSON 

Assistant Attorney General 

MARVIN COLLINS 

United States Attorney 

MARY ANN MOORE 
Assistant United States Attorney 
Texas Bar No. 14360400 

ell. 1 
SHEILA LIEBER 

Sil 

  

  

  

/ 

ALINA S. KOFSKY | £) 

Attorneys, Department of Justice 
Federal Programs Branch, Civil 
Division 

901 E Street, N.W., Room 1010 
Washington, D.C. 20530 
(202) 514-4523 
(202) 616-8470 (Fax #) 

ATTORNEYS FOR DEFENDANT 

UNITED STATES OF AMERICA 

OF COUNSEL: 

HENRY R. GOLDBERG, Deputy Chief 
Counsel for Litigation 

DAVID V. PEERY, Attorney 

HELAINE FINGOLD, Attorney 

Office of the General Counsel 
Department of Health and 

Human Services 
Room 500, East Highrise Building 
6325 Security Boulevard 
Baltimore, MD 21207 
(410) 965-8871 
(410) 966-5187 (Fax #) 

DEFENDANT UNITED STATES OF AMERICA'S 

UNOPPOSED MOTION FOR LEAVE TO EXCEED 

PAGE LIMIT AND MEMORANDUM IN SUPPORT -- Page 3   

 



CERTIFICATE OF CONFERENCE 
  

The undersigned hereby certifies that on the 18th day of 

November, 1992, she conferred with counsel for proposed intervenors, 

Kirsten Levingston, who had no objection to defendant United States of 

America's request for leave to file beyond the page limit in order to 

respond to proposed intervenors' Motion to Intervene and to Join 

Additional Defendant. 

  
ALINA S. KOFSKY 

CERTIFICATE OF SERVICE   

I hereby certify that on this 20th day of November, 1992, a copy 

of Defendant United States of America's Unopposed Motion for Leave to 

Exceed Page Limit and Memorandum in Support and attached Defendant 

United States of America's Opposition to PUEBLO, ABC, NYCCELP and 

Individual Proposed Plaintiff-Intervenors' Motion to Intervene and 

Memorandum in Support, and Proposed Order, was served via first class 

mail, postage prepaid, upon: 

Laura B. Beshara Bill Lann Lee 
Michael M. Daniel Kirsten D. Levingston 
MICHAEL M. DANIEL, P.C. NAACP Legal Defense & Educational 

3301 Elm Street Fund, Inc. : 
Dallas, Texas 75226-1637 315 West Ninth Street, Suite 308 

Los Angeles, California 90015 

Edwin N. Horne 
Assistant Attorney General 
Office of the Attorney General 
State of Texas 
P.O. Box 12548 

Capitol Station 
Austin, Texas 78711-2548 

ak Xa) Ls 
prm—— > 

ALINA S. KOFSKY 
  

DEFENDANT UNITED STATES OF AMERICA'S 

UNOPPOSED MOTION FOR LEAVE TO EXCEED 

PAGE LIMIT AND MEMORANDUM IN SUPPORT -- Page 4