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

Filing 27

Filed (ECF) Appellee Robert L. Ayers, Jr. Unopposed Motion to extend time to file Answering brief until 06/01/2010. Date of service: 03/19/2010. [7273112] (JWB)

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

ARMENIA LEVI CUDJO, JR.,
Petitioner and Appellant,
v.
ROBERT AYERS, JR.,
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 SECOND 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 Vincent Cullen, Acting Warden of San Quentin State
Prison, hereby moves this Court for an order under Federal Rule of Appellate
Procedure 26(b) for a second 60-day extension of time, to May 29, 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: March 19, 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

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DECLARATION OF JAMES WILLIAM BILDERBACK II
IN SUPPORT OF UNOPPOSED MOTION FOR SECOND 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 January 26, 2010, the Appellee’s Brief
in the instant case is due for filing on March 30, 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 this
Court granted respondent’s first request for an extension of time, I have completed
and filed the answering brief for Respondent-Appellee in this Court in the capital
habeas corpus appeal Gonzalez v. Ayers, case number 08-99025. I also prepared
and filed in Cullen v. Pinholster, USSC case no. 09-1088 a petition for writ of
certiorari of this Court’s December 9, 2009 en banc decision in the capital habeas
corpus matter Pinholster v. Ayers, case numbers 03-99003 & 03-99008. Further,
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my responsibilities as a Supervising Deputy Attorney General required me to
review before filing eight pleadings in the California Court of Appeal. And I am
currently preparing for oral argument before this Court in Earp. v. Ayers, case no.
08-99005, scheduled for March 22, 2010.
6. It is my intention to begin work on the instant matter following the oral
argument in Earp. However, I am responsible for 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. That
hearing has been moved, at the petitioner’s request, to April 28, 2010. I may
therefore have to interrupt my work on this case in order to attend to that matter.
7. Accordingly, I request that this Court grant a second 60-day extension of
time, to May 29, 2010, within which to file the Appellee’s Brief.
8. I spoke with Mark R. Drozdowski, counsel for Petitioner-Appellant, who
informed me he has no objection to this extension request.
Executed this 19th day of March, 2010 at Los Angeles, California.

S/ JAMES WILLIAM BILDERBACK II _
JAMES WILLIAM BILDERBACK II

Supervising Deputy Attorney General

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CERTIFICATE OF SERVICE
Case Name:

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

No.

08-99028

I hereby certify that on March 19, 2010, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
UNOPPOSED MOTION FOR SECOND 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 March 19, 2010, at Los Angeles,
California.

Bernard M. Santos
Declarant
60516085.doc

s/ Bernard M. Santos
Signature