Agha-Khan v. Bank of America et al

Filing 10

ORDER RE Continuance of Time to Respond signed by Chief Judge Lawrence J. O'Neill on 2/17/2017. (Sant Agata, S)

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1 PHILLIP A. TALBERT United States Attorney 2 MICHAEL G. TIERNEY KIRK E. SHERRIFF 3 Assistant United States Attorneys 2500 Tulare Street, Suite 4401 4 Fresno, CA 93721 Telephone: (559) 497-4000 5 Facsimile: (559) 497-4099 6 Attorneys for the United States of America 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SALMA AGHA-KHAN, Plaintiff, 11 12 13 14 CASE NO. 1:17-CV-0011 LJO v. RESPONSE TO REQUEST FOR U.S. ATTORNEY’S OFFICE TO PROSECUTE AND PROPOSED ORDER FOR CONTINUANCE OF TIME TO RESPOND BANK OF AMERICA, et al., Defendants. 15 16 17 The Court has requested that this Office indicate by February 20, 2017 whether it will prosecute 18 the contempt proceeding in this case. As this Office previously represented the bankruptcy judge 19 defendants and other federal parties in another case brought by the plaintiff, and anticipated that it would 20 be called upon to represent the federal defendants in the pending adversary proceeding, the Office 21 sought further guidance from the Department of Justice regarding the Court’s request. On February 17, 22 2017, the Department of Justice formally recused this Office from the pending contempt proceeding and 23 assigned the Court’s request to the United States Attorney’s Office for the Northern District of 24 California (the “Northern District”). The Department of Justice further authorized the Northern District 25 to act on the Court’s request with the authority ordinarily allowed by law to this Office. 26 This Office has been in contact with Assistant United States Attorney Gary G. Fry of the 27 Northern District, who will be responding to the Court’s request. AUSA Fry requires additional time to 28 evaluate this matter before responding to the Court’s request. The United States therefore requests a 30 1 one-week extension, through and including February 27, 2017, to file a Response. AUSA Fry may file 2 a further request for a continuance. However, at this time, the United States is not seeking a continuance 3 of the February 28, 2017 status conference date. AUSA Fry will be present in Fresno for another matter 4 on that date and believes that continuing that status conference is not necessary at this time. A proposed 5 order continuing the date for the Response appears below. 6 7 8 Dated: February 17, 2017 Respectfully Submitted, 9 PHILLIP A. TALBERT United States Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 By: /s/ Michael G. Tierney MICHAEL G. TIERNEY KIRK E. SHERRIFF Assistant U.S. Attorneys ORDER 1 2 3 The United States Attorney’s Office for the Northern District of California is requested to inform the Court by February 28, 2017, whether it will prosecute the contempt referral in this matter. 4 IT IS SO ORDERED. 5 6 Dated: /s/ Lawrence J. O’Neill _____ February 17, 2017 UNITED STATES CHIEF DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 30

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