Singh v. United States Department of Homeland Security

Filing 18

ORDER GRANTING Defendant's 17 Ex Parte Application For Further 15-Day Extension of Time to Respond to Complaint, signed by Magistrate Judge Sheila K. Oberto on 11/19/2012. (Defendant's time to respond to the complaint is further EXTENDED until 12/6/2012.) (Gaumnitz, R)

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BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL #66194
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
email: [e-mail]
Attorneys for Defendant
UNITED STATES DEPARTMENT OF HOMELAND SECURITY

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JASDEV SINGH,
Plaintiff,

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1:12-cv-00498-AWI-SKO

v.
UNITED STATES DEPARTMENT OF
HOMELAND SECURITY AND DOES 1-50,

ORDER GRANTING
DEFENDANT'S EX PARTE
APPLICATION FOR FURTHER
15-DAY EXTENSION OF TIME
TO RESPOND TO COMPLAINT
(Docket No. 17)

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Defendants.
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The U.S. Department of Homeland Security, defendant, applies under Local Rule

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144(c) for a further 15-day extension of the time under Fed. R. Civ. P. 12(a)(2) for

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defendant's response to the complaint. The reason is that defense counsel needs more time to

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confer with and obtain proof from one of the agencies concerned, to formulate defendant's

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position, to write a responsive motion, and to obtain internal review of the motion before

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filing. The scheduling constraints are explained in the accompanying counsel declaration.

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The total period of previous extension of this time is 65 days. A suggested form of order is

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included in the event this application is granted.

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Dated: November 16, 2012

BENJAMIN B. WAGNER
United States Attorney

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By:

/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant U.S. Attorney
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COUNSEL DECLARATION

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YOSHINORI H. T. HIMEL, under 28 U.S.C. 1746(2), declares as follows:

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1. I am an Assistant United States Attorney and am assigned the captioned case.

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2. By my calculation, after the initial 65-day extension of the time to respond to the

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complaint, response is due November 21, 2012.
3. Defendant requests this second extension to be able to complete defense counsel's

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consultation with another federal government law office to formulate and obtain proof for

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defendant's factual and legal position on one issue in response to the complaint, to finish

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drafting the response in conformity with that position, and to obtain and respond to internal

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review of the response.
4. In addition, defense counsel has three dispositive papers due November 21, 2012,

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including this response; an opposition to amendment and motion to sever in a second case;

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and a response to a voluminous objection to the Magistrate Judge's dispositive findings and

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recommendations in a third case.

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5. In the undersigned's opinion, it will take until November 29, 2012, to arrive at

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defendant's position on a remaining question, obtain factual support if any, and incorporate

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the position in defendant's response. Then, counsel will need to submit the response for

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internal review, make the response final, and file it. That process is expected to take an

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additional week, that is, until December 6, 2012.

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6. By letter dated November 13, 2012, I asked plaintiff for his position on an
extension of this time. A copy of the letter is attached hereto.

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7. I have not received any response from plaintiff.

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8. In my opinion, the requested period of extension will suffice to perform the needed

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tasks. No previous request for this extension has been made or granted.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
November 16, 2012.
/s/ YHimel
YOSHINORI H. T. HIMEL

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ORDER
Upon defendant's ex parte application, good cause having been shown, defendant's
time to respond to the complaint is further EXTENDED until December 6, 2012.

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IT IS SO ORDERED.

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Dated:
ie14hj

November 19, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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