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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`Plaintiffs,
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`v.
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`THE UNITED STATES,
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`No. 19-859 C
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`Judge Ryan T. Holte
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`Defendant.
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`JOINT MOTION TO CONTINUE ORAL ARGUMENT ON
`DEFENDANT’S MOTION TO DISMISS
`PURSUANT TO RCFC 12(b)(6) AND 35 U.S.C. § 101
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`Plaintiffs e-Numerate Solutions, Inc. and e-Numerate, LLC (collectively “e-Numerate”)
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`and Defendant United States (“the Government”) jointly move this Court to continue the oral
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`argument presently scheduled for March 23, 2020 at 2 pm.
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`The parties respectfully submit that the ongoing health crisis justifies the requested
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`continuance. Both parties want an in-person hearing on the Government’s Motion to Dismiss.
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`In addition, representatives from both parties plan on attending the hearing. Plaintiffs’ counsel
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`and the plaintiffs’ client representatives have to travel to the hearing which is problematic given
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`the current health crisis. Granting this continuance does not prejudice either party. There is no
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`Scheduling Order in place and formal discovery has not yet commenced.
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`The parties respectfully request that the Court schedule the oral argument on one of the
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`following dates at a time convenient for the Court: May 5 – 8, and 11 – 13.
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`1
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`Case 1:19-cv-00859-RTH Document 23 Filed 03/17/20 Page 2 of 3
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`For the above reasons, e-Numerate and the Government respectfully request that this
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`motion be granted and that the oral argument be re-scheduled on one of the above dates at a time
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`convenient for the Court.
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`Dated: March 17, 2020
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`Respectfully submitted,
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`O’KELLY & ERNST, LLC
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`/s/ Sean T. O’Kelly
`Sean T. O’Kelly
`824 N. Market Street, Suite 1001A
`Wilmington, Delaware 19801
`(302) 778-4000
`(302) 295-2873 (facsimile)
`sokelly@oelegal.com
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`and
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`O’ROURKE LAW OFFICE, LLC
`Gerard M. O'Rourke
`1201 N. Orange Street
`Suite 7260
`Wilmington, DE 19801-1186
`(484) 770-8046
`gorourke@orourkefirm.com
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`Attorneys for Plaintiffs e-Numerate
`Solutions, Inc. and e-Numerate LLC
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`2
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`Case 1:19-cv-00859-RTH Document 23 Filed 03/17/20 Page 3 of 3
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`Respectfully submitted,
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`JOSEPH H. HUNT
`Assistant Attorney General
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`GARY L. HAUSKEN
`Director
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`s/Scott Bolden
`SCOTT BOLDEN
`Deputy Director
`Commercial Litigation Branch
`Civil Division
`Department of Justice
`Washington, DC 20530
`Email:
`Scott.Bolden@USDOJ.gov
`Telephone:
`(202) 307-0262
`Facsimile:
`(202) 307-0345
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`COUNSEL FOR THE UNITED STATES OF
`AMERICA
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`Of Counsel:
`SHAHAR HAREL
`Department of Justice
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`RICHARD M. HUMES
`Associate General Counsel
`GEORGE C. BROWN
`Assistant General Counsel
`NELSON KUAN
`Senior Counsel
`Office of the General Counsel
`U.S. Securities and Exchange
`Commission
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`3
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