Kurth et al v. Holston et al

Filing 9

ORDER Granting 8 Motion to Extend Time to Answer/Respond. Leander B. Holston answer due 2/20/2012; John Morton answer due 2/20/2012. Signed by Magistrate Judge Peggy A. Leen on 1/13/12. (Copies have been distributed pursuant to the NEF - MMM)

1 2 3 4 5 6 7 8 9 10 11 12 DANIEL G. BOGDEN United States Attorney District of Nevada Nevada Bar No.2137 CARLOS A. GONZALEZ Assistant United States Attorney 333 South Las Vegas Blvd. Lloyd George Federal Building, Suite 5000 Las Vegas, NV 89101 702-388-6336/702-388-6787 carlos.gonzalez2@usdoj.gov TONY WEST Assistant Attorney General, Civil Division ELIZABETH STEVENS Assistant Director, District Court Section Office of Immigration Litigation BRADLEY B. BANIAS Trial Attorney Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 202-532-4809/202-305-7000 13 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 ERIC KURTH, et al., 15 Plaintiffs, 16 v. 17 18 19 20 LEANDER HOLSTON, Field Director, Las Vegas, U.S. Citizenship and Immigration Services, et al., Defendants. ____________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:11-cv-01638-JCM -PAL DEFENDANTS’ UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND (FIRST REQUEST) 21 22 Defendants, by and through their attorneys, Daniel G. 23 Bogden, United States Attorney for the District of Nevada, 24 Carlos A. Gonzalez, Assistant United States Attorney, and 25 Bradley Banias, Trial Attorney, United States Department of 26 Justice, respectfully request a thirty (30) day extension of 1 time, up to and including February 20, 2012, in which to file a 2 responsive pleading to Plaintiffs’ Complaint. 3 this request for an extension of time, Defendants rely upon the 4 Memorandum of Points and Authorities attached hereto and 5 incorporated herein. In support of 6 7 8 Dated: January 12, 2012 Respectfully submitted, DANIEL G. BOGDEN United States Attorney 9 10 //S// CARLOS A. GONZALEZ CARLOS A. GONZALEZ Assistant United States Attorney 11 12 13 14 15 TONY WEST Assistant Attorney General Civil Division ELIZABETH STEVENS Assistant Director - District Court Section Office of Immigration Litigation BRADLEY B. BANIAS Trial Attorney - District Court Section Office of Immigration Litigation 16 17 18 19 20 21 22 23 24 25 26 2 1 2 MEMORANDUM OF POINTS AND AUTHORITIES I. 3 BACKGROUND Plaintiffs filed their Complaint with the Court on October 4 11, 2011. 5 21, 2011, and as such, Defendants’ response is due on January 6 20, 2012. 7 allegations, Defendants seek additional time to fully review 8 and analyze Plaintiffs’ allegations and to coordinate a 9 complete response to each allegation. The U.S. Attorney’s Office was served on November Given the scope of Plaintiffs’ factual and legal Defendants, therefore, 10 request that this honorable Court grant a thirty (30) day 11 extension of time, up to and including February 20, 2012, in 12 which to file a responsive pleading to Plaintiffs' Complaint. 13 On January 11, 2011, undersigned counsel Bradley Banias 14 conferred with Mr. Michael Kimbrell, Plaintiffs’ counsel, and 15 he does not oppose this request for an extension of time. 16 II. 17 18 19 20 21 22 23 ARGUMENT The Federal Rules of Civil Procedure provide for an enlargement of time for cause shown. When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires . . . . Fed. R. Civ. P., Rule 6(b)(1)(A). 1. Because Defendants need additional time to analyze 24 Plaintiffs’ allegations and coordinate a response amongst the 25 different agency Defendants, Defendants request that this 26 honorable Court grant a thirty (30) day extension of time, up 3 1 to and including February 20, 2012, in which to file a 2 responsive pleading to Plaintiffs' Complaint. 3 4 5 2. This request is made prior to the expiration of the time to respond to Plaintiffs’ Complaint. 3. On January 11, 2012, undersigned counsel Bradley 6 Banias spoke with Mr. Michael Kimbrell, Plaintiffs’ counsel, 7 and he does not oppose this request for an extension of time. 8 III. CONCLUSION 9 Therefore, Defendants respectfully request that this 10 honorable Court grant a thirty (30) day extension of time, up 11 to and including February 20, 2012, in which to file a response 12 to Plaintiffs’ Complaint. 13 Dated: January 12, 2012 14 Respectfully submitted, DANIEL G. BOGDEN United States Attorney 15 //S// CARLOS A. GONZALEZ CARLOS A. GONZALEZ Assistant United States Attorney 16 17 18 19 20 21 TONY WEST Assistant Attorney General Civil Division ELIZABETH STEVENS Assistant Director - District Court Section Office of Immigration Litigation BRADLEY B. BANIAS Trial Attorney - District Court Section Office of Immigration Litigation 22 23 24 25 Dated: January 13, 2012 IT IS SO ORDERED. __________________________ UNITED STATES JUDGE 26 4