continuance request
TRANSCRIPT
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SCOTT RAINEY, ET AL., § §
Plaintiffs, § CIVIL ACTION NO. §
vs. § 4:11-cv-1992§
U.S. DEPARTMENT OF VETERANS §AFFAIRS, ET AL., §
§ Defendants. §
§
JOINT MOTION TO CONTINUE HEARING
Plaintiffs, Scott Rainey, the Veterans of Foreign Wars District 4, the American Legion
Post 586, and the National Ladies, and Defendants U.S. Department of Veterans Affairs, and
Arleen Ocasio, jointly move for a two week continuance of the hearing set on July 21, 2011, for
the following reasons:
1.
This action involves claims by the Plaintiffs that the Defendants have been engaged in
unlawful religious practices and policies at the Houston National Cemetery that violate the First
Amendment of the United States Constitution and the Religious Freedom Restoration Act, 42
U.S.C. § 2000bb et seq. The Defendants have denied the allegations.
2.
Pursuant to the Court’s previous Order during the conference held on June 28, 2011, the
Case 4:11-cv-01992 Document 23 Filed in TXSD on 07/19/11 Page 1 of 3
the parties have spent a considerable amount of time meeting informally with the Plaintiffs,
Defendants, and witnesses, to better understand the allegations, facts, and issues. In addition,
there have been several productive discussions among counsel concerning U.S. Department of
Veterans Affairs’ policies and practices governing the Houston Memorial Cemetery.
3.
The parties are in agreement that the meetings have been productive, and that they have a
better understanding of what actions may be required in order to resolve their disputes.
4.
Accordingly, Plaintiffs and Defendants desire that the hearing set on July 21, 2011 be
continued to allow the parties additional time to see whether the disputes can be resolved. A first
meeting with the proper representatives to bind the parties to a settlement agreement is
contemplated to take place during the week of July 25-29, 2011. Additional meetings, or
mediation may be considered then.
5.
Further the parties will report to the Court following those efforts. An additional hearing
may or may not be necessary, depending upon their ability to find common ground and resolve
the present disputes.
WHEREFORE, Plaintiffs, Scott Rainey, the Veterans of Foreign Wars District 4, the
American Legion Post 586, and the National Ladies, and Defendants U.S. Department of
Case 4:11-cv-01992 Document 23 Filed in TXSD on 07/19/11 Page 2 of 3
Veterans Affairs, and Arleen Ocasio, respectfully request that the hearing set on July 21, 2011 be
continued.
Respectfully Submitted:
Counsel for Plaintiffs Counsel for Defendants
/s/ Jeffrey C. Mateer /s/ Fred T. Hinrichs Jeffrey C. Mateer Fred T. HinrichsAttorney-in-Charge Assistant U.S. AttorneyTexas Bar No. 13185320 Texas Bar No. 24003580Hiram S. Sasser, III U.S. Attorney’s OfficeTexas Bar No. 24039157 P.O. Box 61129Erin E. Leu Houston, Texas 77208Texas Bar No. 24070138 Tel: 713-567-9529LIBERTY INSTITUTE Fax: 713-718-33032001 Plano Parkway, Suite 1600 Email: [email protected], Texas 75075Tel: 972-941-4444Fax: 972-941-4457Email: [email protected]
John D. WalkerTexas Bar No. 007948093902 Cimarron WayMagnolia, Texas 77354Tel: 281-252-0222Fax: 281-259-9596Email: [email protected]
Case 4:11-cv-01992 Document 23 Filed in TXSD on 07/19/11 Page 3 of 3
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SCOTT RAINEY, ET AL., § §
Plaintiffs, § CIVIL ACTION NO. §
vs. § 4:11-cv-1992§
U.S. DEPARTMENT OF VETERANS §AFFAIRS, ET AL., §
§ Defendants. §
§
O R D E R
Considering the Joint Motion to Continue Hearing filed by the Plaintiffs and
Defendants, and for the reasons set forth therein;
IT IS ORDERED that the Joint Motion to Continue Hearing is granted, and that the
hearing set for July 21, 2011 is continued, to be reset by the Court.
SIGNED at Houston, Texas, this __________ day of July, 2011.
_________________________________ HON. LYNN N. HUGHES UNITED STATES DISTRICT JUDGE
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