Van Den Heuvel v. Shingle Springs Tribal Wellness

Filing 5

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)

Download PDF
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 6 Attorneys for United States 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEAN MARC VAN DEN HEUVEL, 12 CASE NO. 2:14-cv-1555-TLN-EFB Plaintiff, 13 v. 14 UNITED STATES OF AMERICA, 15 DEFENDANT UNITED STATES’ EX PARTE APPLICATION FOR EXTENSION OF COMPLAINTRESPONSE DEADLINE Defendant. 16 17 18 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. 22 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. 27 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 1 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. 9 10 Respectfully submitted, 11 DATED: July 1, 2014 BENJAMIN B. WAGNER United States Attorney 12 13 By: /s/ Victoria L. Boesch VICTORIA L. BOESCH Assistant United States Attorney 14 15 16 ORDER 17 IT IS SO ORDERED. 18 19 Dated: July 3, 2014. 20 21 22 23 24 25 26 27 28 USA EX PARTE APP FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?