Singh v. United States Department of Homeland Security

Filing 29

Defendant's Exparte Application For Initial One-Week Extension of Time to Reply; ORDER, signed by Magistrate Judge Sheila K. Oberto on 12/28/2012. (Upon defendant's ex parte application, good cause having been shown, defendant's time to reply to plaintiff's opposition to dismissal is EXTENDED until 1/9/2013.)(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-498-AWI-SKO-PS
DEFENDANT’S EXPARTE
APPLICATION FOR INITIAL
ONE-WEEK EXTENSION OF
TIME TO REPLY; ORDER

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

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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 an initial one-week extension of the time under L.R. 130(l) for defendant to reply

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to plaintiff's opposition to the pending dismissal motion. The reason is that defense counsel

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needs the added time to obtain information from an agency for the reply. No previous

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extension of this time has been sought or granted. A suggested form of order is included in

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the event this application is granted.

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Dated: December 28, 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. I received plaintiff's papers opposing defendant's pending dismissal and summary

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judgment motion electronically on December 26, 2012, and by mail on December 27, 2012.

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Because plaintiff says he served the papers on December 19, 2012, by my calculation reply is

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due January 2, 2013, only three court days from the opposition's first receipt.

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3. To prepare a reply, I need further agency information. I estimate that the needed
information can be obtained in time for a reply filing by January 9, 2012.
4. By letter dated December 28, 2012, copied by fax, I asked plaintiff for his position
on an extension of this time. A copy of the letter is attached hereto.

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5. I have not received a response from plaintiff.

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6. 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
December 28, 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 reply to plaintiff's opposition to dismissal is EXTENDED until January 9, 2013.

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IT IS SO ORDERED.
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Dated:
ie14hj

December 28, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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