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

Filing 29

Filed (ECF) Appellee Robert L. Ayers, Jr. Unopposed Motion to extend time to file Answering brief until 08/02/2010. Date of service: 05/25/2010. [7349988] (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 THIRD 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 Vince 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 third 60-day extension of time, to August 1, 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: May 25, 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 THIRD 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 March 25, 2010, the Appellee’s Brief in
the instant case is due for filing on June 2, 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 second request for an extension of time, I have
participated in oral argument before this Court in Earp v. Ayers, case no. 08-99005.
Further, I have prepared for and participated 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-SVW. Further, I have
prepared and filed a reply to the opposition to the petition for writ of certiorari of
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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, my
responsibilities as a Supervising Deputy Attorney General required me to review
before filing thirteen briefs in the California Court of Appeal, and two briefs in the
California Supreme Court.
6. I have begun preparing the appellee’s brief in the instant case. As noted
above, I was forced to interrupt my work on the instant case in order to work on
the Livaditis and Pinholster matters described above. Further, I am now preparing
a response to appellant’s motion to this Court to vacate the briefing order and,
essentially, stay the appeal, in the capital federal habeas corpus appeal Gonzales v.
Wong, case number 08-99025. Upon completion of my response to the motion in
Gonzales, it is my intention to return my attention to the instant case.
7. Accordingly, I request that this Court grant a third 60-day extension of
time, to August 1, 2010, within which to file the Appellee’s Brief.
8. I spoke with Katherine Froyen Black, counsel for Petitioner-Appellant,
who informed me she has no objection to this extension request.
Executed this 25th day of May, 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 May 25, 2010, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
UNOPPOSED MOTION FOR THIRD 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 May 25, 2010, at Los Angeles, California.

Bernard M. Santos
Declarant
60543648.doc

s/ Bernard M. Santos
Signature