Courthouse News Service v. Michael Planet

Filing 18

Filed (ECF) Appellee Michael D. Planet Joint Motion to extend time to file Answering brief until 07/30/2012 at 11:59 pm. Date of service: 06/06/2012. [8204541] (NG)

Appeal No. 11-57187
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
COURTHOUSE NEWS SERVICE,
Plaintiff-Appellant,
v.
MICHAEL PLANET, in his official capacity as Court Executive Officer/Clerk
of the Ventura County Superior Court,
Defendant-Appellee.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
HONORABLE MANUEL REAL
CASE NO. 11-08083
JOINT MOTION FOR EXTENSION OF TIME IN WHICH TO FILE
ANSWERING AND REPLY BRIEFS; SUPPORTING DECLARATIONS
Roger Myers
Rachel Matteo-Boehm
BRYAN CAVE
560 Mission St., 25th Floor
San Francisco, CA 94105-2994
Telephone: [phone]
Facsimile: +1.415.268.1999
E-mail:
[e-mail]
Attorneys for Plaintiff-Appellant
COURTHOUSE NEWS SERVICE

Robert A. Naeve
Nathaniel P. Garrett
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone: [phone]
Facsimile: +1.949.553.7539
E-mail:
[e-mail]
Attorneys for Defendant-Appellee
MICHAEL PLANET

Pursuant to Federal Rule of Appellate Procedure 26(b) and Circuit Rule 312.2(b), Appellant Courthouse News Service and Appellee Michael Planet
respectfully jointly move this Court for an order extending the time in which to file
the answering brief until July 30, 2012, which constitutes an extension of thirtytwo (32) days, and for an order extending the time in which to file the reply brief
until September 12, 2012, which constitutes an extension of thirty (30) days. The
grounds for this motion are set forth in the following declarations of Rachel
Matteo-Boehm and Nathaniel P. Garrett.

Dated: June 6, 2012

Respectfully submitted,
Bryan Cave

By: /s Rachel Matteo-Boehm
Rachel Matteo-Boehm
Attorneys for Plaintiff-Appellant
COURTHOUSE NEWS SERVICE

Dated: June 6, 2012

Respectfully submitted,
Jones Day

By: s/ Nathaniel P. Garrett
Nathaniel P. Garrett
Attorneys for Defendant-Appellee
MICHAEL PLANET

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DECLARATION OF NATHANIEL P. GARRETT IN SUPPORT OF JOINT
MOTION FOR AN EXTENSION OF TIME
I, Nathaniel P. Garrett, do hereby declare as follows:
1.

I am an attorney at the law firm of Jones Day, counsel of record for

Appellee Michael Planet. In accordance with Ninth Circuit Rule 31-2.2(b), I
submit this declaration in support of the Joint Motion to Extend Time In Which To
File Answering and Reply Briefs. Except as otherwise stated, the matters set forth
herein are based upon my personal knowledge, and I could and would testify
competently thereto if called upon to do so.
2.

Appellee is seeking an extension of time until July 30, 2012, within

which to file his answering brief. Appellee’s answering brief currently is due June
28, 2012.
3.

Appellee has not previously sought any extension of time for filing his

opening brief.
4.

A thirty-two (32) day extension, through and including July 30, 2012,

is necessary to provide counsel for Appellee sufficient time to prepare the
answering brief. Such an extension is necessary because of the unaccommodating
schedule of Appellee’s counsel.
a.

I am the attorney with primary responsibility for the

preparation of Appellees’ brief on appeal. I am not able to complete the necessary
work on Appellee’s brief within the time allotted because of other unavoidable

conflicting commitments during the relevant time period, including principally the
following:
i. Appellee’s counsel is responsible for drafting and
submitting by June 18, 2012 to the California Court of
Appeal a Respondent’s Brief in Scott, et al. v. Lennar
Corporation, et al., No. A133890.
ii. Appellee’s counsel is responsible for drafting and
submitting by July 5, 2012 to the Ninth Circuit Court of
Appeals an Answering Brief in Waters v. Hollywood Tow
Service, Inc., et al., No. 11-57172.
iii. Appellee’s counsel is responsible for drafting and
submitting by July 8, 2012 to the California Court of
Appeal a Respondent’s Brief in Studendorff, et al. v.
National Semiconductor Corporation, No. H037739.
b.

To meet my obligations in this appeal and in respect to

the foregoing matters, I have enlisted the assistance of other attorneys in my firm.
But even with such assistance, I will not reasonably be able to complete the work
necessary to prepare Appellee’s brief in this appeal by the present due date, while
at the same time meeting my other commitments.

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5.

Appellant has not previously sought any extension of time for filing

its reply brief.
6.

Counsel for Appellant, Rachel Matteo-Boehm, has stated that

Appellant does not oppose Appellee’s request for a 32-day extension of time to file
his answering brief, provided that Appellee does not oppose Appellant’s request
for a similar 30-day extension.
7.

I have exercised, and will continue to exercise, diligence regarding

this appeal and will file the brief by the requested due date.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at San Francisco, California, on June 6, 2012.

_/s Nathaniel P. Garrett
Nathaniel P. Garrett

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DECLARATION OF RACHEL MATTEO-BOEHM IN SUPPORT OF
JOINT MOTION FOR AN EXTENSION OF TIME
I, Rachel Matteo-Boehm, declare and state as follows:
1.

I am a partner in the law firm of Bryan Cave LLP, counsel of record

for Plaintiff and Appellant Courthouse News Service (“Courthouse News”). In
accordance with Ninth Circuit Rule 31-2.2(b), I submit this declaration in support
of the Joint Motion to Extend Time In Which To File Answering And Reply
Briefs. I make this declaration on my own personal knowledge. If called as a
witness I would testify competently to the facts stated herein.
2.

Appellee Michael Planet is seeking a 32-day extension of time,

through and including July 30, 2012, to file his answering brief. I have advised
counsel for Appellee that Courthouse News does not oppose Appellee’s request for
a 32-day extension, provided that Courthouse News also has a similar 30-day
extension, through and including September 12, 2012, to file its reply brief.
3.

I am the attorney with primary responsibility for the preparation of

Courthouse News’ reply brief. I will be on vacation in China from approximately
July 29 through August 14, 2012. Courthouse News’ reply brief is currently due
within 14 days of service of Appellee’s answering brief. In the event that
Appellee is granted a 32-day extension of time and Courthouse News is not also
provided with an extension of time, Courthouse News would be required to prepare
and file its reply brief while I am in China.

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4.

Because of my planned vacation, I will not be able to begin working

on Courthouse News’ reply brief until mid-August 2012, and will at the same time
need to attend to other matters put on hold during my vacation. Although I have
enlisted the assistance of other attorneys in my firm, even with such assistance, I
would not be able to complete the work necessary to prepare Courthouse News’
reply brief, while at the same time meeting my other commitments, without the 30day extension of time sought herein.
5.

Courthouse News has not previously sought any extension of time for

filing its reply brief. It did not seek any extension of time for filing its opening
brief.
6.

Counsel for Appellee Nathaniel Garrett has informed me that

Appellee does not oppose Courthouse News’ request for a 30-day extension of
time to file its reply brief.
7.

I have exercised, and will continue to exercise, diligence regarding

this appeal and will file Courthouse News’ reply brief by the requested due date.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at San Francisco, California on June 6, 2012.

__/s Rachel Matteo-Boehm_________
Rachel Matteo-Boehm

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9th Circuit Case Number(s) 11-57187
NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator).

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CERTIFICATE OF SERVICE
When All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date)
.
Jun 6, 2012
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the appellate CM/ECF system.
Signature (use "s/" format)

s/ Nathaniel P. Garrett

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CERTIFICATE OF SERVICE
When Not All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date)
.
Participants in the case who are registered CM/ECF users will be served by the appellate
CM/ECF system.
I further certify that some of the participants in the case are not registered CM/ECF users. I
have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it
to a third party commercial carrier for delivery within 3 calendar days to the following
non-CM/ECF participants:

Signature (use "s/" format)