Armenia Cudjo, Jr. v. Robert Ayers, Jr.

Filing 25

Filed (ECF) Appellee Robert L. Ayers, Jr. Unopposed Motion to extend time to file Answering brief until 03/30/2010. Date of service: 01/22/2010. [7205075] (JWB)

08-99028
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

ARMENIA LEVI CUDJ O, J R.,
Petitioner and Appellant,
v.
ROBERT AYERS, J R.,
Respondent and Appellee.
On Appeal from the United States District Court
for the Central District of California
No. CV 99-08089-JFW
The Honorable John F. Walter, Judge
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLEE’S BRIEF
EDMUND G. BROWN JR.
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
PAMELA C. HAMANAKA
Senior Assistant Attorney General
KEITH H. BORJON
Supervising Deputy Attorney General
JAMES WILLIAM BILDERBACK II
Supervising Deputy Attorney General
State Bar No. 161306
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Respondent

Respondent-Appellee Robert K. Wong, Acting Warden of San Quentin State
Prison, hereby moves this Court for an order under Federal Rule of Appellate
Procedure 26(b) for a 60-day extension of time, to March 30, 2010, in which to file
the Appellee’s Brief herein. This motion is based on the attached declaration of
James William Bilderback II, the files and records in the instant case, and the
District Court file underlying this matter.
Dated: January 22, 2010

Respectfully Submitted,
EDMUND G. BROWN JR.
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
PAMELA C. HAMANAKA
Senior Assistant Attorney General
KEITH H. BORJON
Supervising Deputy Attorney General
S/ JAMES WILLIAM BILDERBACK II
JAMES WILLIAM BILDERBACK II

Supervising Deputy Attorney General
Attorneys for Respondent
LA2008504207
60515981.doc

2

DECLARATION OF JAMES WILLIAM BILDERBACK II
IN SUPPORT OF UNOPPOSED MOTION FOR EXTENSION
OF TIME
I, James William Bilderback II, hereby declare, under penalty of perjury of
the laws of the United States, as follows:
1. I am a Supervising Deputy Attorney General with the California
Department of Justice licensed to practice law in the State of California and
admitted before the United States Court of Appeals for the Ninth Circuit.
2. I have principal responsibility for preparing all pleadings on behalf of
Respondent-Appellee in Cudjo v. Ayers, case number 08-99028.
3. Pursuant to this Court’s Order of November 30, 2009, the Appellee’s
Brief in the instant case is due for filing on January 29, 2010.
4. The Appellant’s Opening Brief in the instant case is 126 pages long, and
contains 10 separately-enumerated claims. The excerpts of record attached by
appellant are 2,321 pages in length.
5. I will not be able to complete and file the brief by the due date. Since the
opening brief was filed in this case I have been preparing internal memoranda
regarding possible further action following this Court’s December 9, 2009 en banc
decision in the capital habeas corpus matter Pinholster v. Ayers, case numbers 0399003 & 03-99008. I also prepared a Federal Rule of Appellate Procedure 28(j)
letter and participated in oral argument in the federal habeas corpus appeal Emery
v. Clark, case number 08-55249. I have also been preparing the answering brief
3

for Respondent-Appellee in this Court in the capital habeas corpus appeal
Gonzalez v. Ayers, case number 08-99025, which is currently due on a fourth
extension on February 5, 2009. Further, my responsibilities as a Supervising
Deputy Attorney General have required me to review before filing five pleadings
in the California Court of Appeal. I also took several days off from work to be
with my family during the Christmas Holiday season.
6. Before beginning work on the instant case, I must first complete the
internal processes regarding further action in the Pinholster matter, which may
require the preparation and filing of a petition for writ of certiorari. I must also
complete and file the answering brief in Gonzalez. Also, I have been tasked with
assisting in the presentation of respondent’s case at an evidentiary hearing in the
capital habeas corpus matter Livaditis v. Woodford, U.S.D.C. C.D. Cal. case
number 96-2833-RMT.
7. Accordingly, I request that this Court grant a 60-day extension of time, to
March 30, 2010, within which to file the Appellee’s Brief.
8. I have spoken with counsel for Petitioner-Appellant, Katherine Froyen
Black, who informed me she has no objection to this extension request.
Executed this 22nd day of January 2010, at Los Angeles, California.
S/ JAMES WILLIAM BILDERBACK II _
JAMES WILLIAM BILDERBACK II

Supervising Deputy Attorney General
4

CERTIFICATE OF SERVICE
Case Name:

ARMENIA LEVI CUDJO, JR.
v. ROBERT AYERS, JR.

No.

08-99028

I hereby certify that on January 22, 2010, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on January 22, 2010, at Los Angeles,
California.

Bernard M. Santos
Declarant
60516085.doc

s/ Bernard M. Santos
Signature