Van Den Heuvel v. Shingle Springs Tribal Wellness
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/3/2014: The United State's Request 3 to extend the complaint-response filing deadline is GRANTED. The United States shall file their response by 8/21/2014. (Owen, K)
1 BENJAMIN B. WAGNER
United States Attorney
2 VICTORIA L. BOESCH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916) 554-2743
Facsimile: (916) 554-2900
5 victoria.boesch@usdoj.gov
6 Attorneys for United States
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEAN MARC VAN DEN HEUVEL,
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CASE NO. 2:14-cv-1555-TLN-EFB
Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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DEFENDANT UNITED STATES’ EX
PARTE APPLICATION FOR
EXTENSION OF COMPLAINTRESPONSE DEADLINE
Defendant.
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Defendant the United States respectfully requests an order extending its time to respond to
19 pro se plaintiff Jean Marc Van Den Heuvel’s complaint. The United States asks that the Court
20 extend the deadline for 45 days, from July 7, 2014, to August 21, 2014. No prior extensions have
21 been sought.
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On February 10, 2014, plaintiff filed this action in El Dorado County Superior Court, Small
23 Claims Division, against Shingle Springs Tribal Wellness Center. See Boesch Decl. Ex. A. Defense
24 counsel received plaintiff’s complaint on Friday June 27, 2014, when she returned from two weeks’
25 vacation. Id. ¶ 4. On Monday June 30, 2014, the United States removed the action to this Court. Id.
26 ¶ 5; Dkt. 1.
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Following removal, Federal Rule of Civil Procedure 81(c) renders the United States’
28 responsive pleading due within seven days, by July 7, 2014. Defense counsel has requested that the
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USA EX PARTE APP FOR
EXTENSION OF TIME TO RESPOND TO COMPLAINT
1 United States Department of Health and Human Services provide a litigation report by August 4,
2 2014, to aid defense counsel in generating an appropriate responsive pleading. Boesch Decl. ¶ 6.
3 Given this, the United States seeks an extension of the complaint-response deadline because it is
4 difficult to respond sufficiently to plaintiff’s complaint within Rule 81(c)’s short time frame. Id.
5 Indeed, Federal Rule of Civil Procedure 12(a)(2) generally affords federal defendants 60 days to
6 respond to a complaint after service of process on the United States Attorney. Accordingly, the
7 United States asks the Court to extend the complaint-response deadline by 45 days until August 21,
8 2014.
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Respectfully submitted,
11 DATED: July 1, 2014
BENJAMIN B. WAGNER
United States Attorney
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By:
/s/ Victoria L. Boesch
VICTORIA L. BOESCH
Assistant United States Attorney
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ORDER
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IT IS SO ORDERED.
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19 Dated: July 3, 2014.
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USA EX PARTE APP FOR
EXTENSION OF TIME TO RESPOND TO COMPLAINT
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