Cleveland v. Hunton et al

Filing 25

ORDER TO EXTEND DEFENDANTS TIME TO RESPOND TO SECOND AMENDED COMPLAINT. IT IS SO ORDERED that the Defendants time to respond to the Second Amended Complaint is extended to and including September 22, 2017. Signed by Magistrate Judge Stanley A. Boone on 8/24/2017. (Hernandez, M)

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PHILLIP A. TALBERT
United States Attorney
JEFFREY J. LODGE
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Thomas C. Hunton, in his official capacity
as Farm Loan Manger for the United States Department of Agriculture, Farm Service Agency
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY CLEVELAND,

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) Case No. 1:16-cv-01732-AWI-SAB
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Plaintiff,

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v.

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THOMAS C. HUNTON, et al.,

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Defendants.

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EX PARTE REQUEST TO EXTEND DEFENDANT’S TIME
TO RESPOND TO SECOND AMENDED COMPLAINT; ORDER

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The United States requests an extension of time for Thomas C. Hunton, in his official capacity

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as Farm Loan Manger for the United States Department of Agriculture, Farm Service Agency,

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(“Defendant”) to respond to the Second Amended Complaint of Timothy Cleveland (“Plaintiff”),

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proceeding pro se, based on the following:

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1.

The defendant is an employee of the United States Department of Agriculture. He has

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been sued in his official capacity under the Administrative Procedures Act (“APA”), based upon the

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agency’s review of the decision to accelerate plaintiff’s loan. The defendant will be represented by

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the United States Attorney's Office.

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2.

The Court recently entered an Order Adopting Findings and Recommendations and

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Dismissing Certain Defendants and Claims. Doc. 13, 15. Additional time is required to gather

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administrative records and discuss the alternatives, including whether to file a motion to dismiss

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because the plaintiff did not complete the administrative review process before filing the complaint

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and whether any plausible basis for relief exists.
3.

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In light of the foregoing, and to enable the United States Attorney's Office to respond

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to the second amended complaint, it is respectfully requested that the Court extend the defendant’s

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time to respond by approximately thirty (30) days to and including September 22, 2017.
Respectfully submitted,

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Dated: August 24, 2017

PHILLIP A. TALBERT
United States Attorney

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By:

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ORDER

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IT IS SO ORDERED that the Defendant’s time to respond to the Second Amended Complaint

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/s/Jeffrey J. Lodge
JEFFREY J. LODGE
Assistant U.S. Attorney
Attorneys for the United States

is extended to and including September 22, 2017.

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IT IS SO ORDERED.
Dated:

August 24, 2017
UNITED STATES MAGISTRATE JUDGE

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