KYLE JOHNSON v. UNITED STATES POSTAL SERVICE INC.

Filing 6

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court GRANTS Defendant United States Postal Service's ("USPS") Ex Parte Application to Extend Time to File an Answer 5 . USPS shall respond to plaintiffs complaint no later than 7/29/2014. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:14-cv-04166-CAS(AGRx)

Title

KYLE JOHNSON V. UNITED STATES POSTAL SERVICE INC.

Present: The Honorable

Date

June 6, 2014

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants

Not Present

Not Present

Proceedings:

(In chambers:) EX PARTE APPLICATION TO EXTEND TIME
TO FILE ANSWER (Dkt. 5, filed June 5, 2014)

On May 1, 2014, plaintiff Kyle Johnson filed this case in the small claims division
of Los Angeles County Superior Court against defendant United States Postal Service
(“USPS”). On May 30, 2014, USPS removed the case to this Court pursuant to 28 U.S.C.
§ 1442(a)(1).
On June 5, 2014, USPS filed an ex parte application to extend its time to file an
answer. USPS states that it was not properly served, and contends that it should have 60
days to respond pursuant to Fed. R. Civ. P. 12(a). However, USPS states that, under Fed.
R. Civ. P. 81(a), it could potentially be required to respond within 7 days of the filing of
the notice of removal—i.e., by June 6, 2014. As a precaution, then, USPS moves ex parte
to extend its respond to respond until July 29, 2014, by which time “[g]overnment
counsel anticipates that he will receive information and documents to allow him to
answer, move or otherwise respond.” Ex Parte App. at 3. Plaintiff has not filed an
opposition.
The Court finds that, under the circumstances of this case, USPS has set forth good
cause to enlarge its time to respond. The Court therefore GRANTS USPS’s ex parte
application. USPS shall respond to plaintiff’s complaint no later than July 29, 2014.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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CMJ

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