Johnson v. United States of America et al

Filing 100

ORDER EXTENDING TIME TO FILE REPLY re 99 Response ( Non Motion ) filed by United States of America. Plaintiff was served with a copy of this Order. Signed by Judge Edward M. Chen on 3/28/14. (bpf, COURT STAFF) (Filed on 3/28/2014)

1 MELINDA HAAG (CSBN 132612)
United States Attorney
2 ALEX TSE (CSBN 152348)
Chief, Civil Division
3 JAMES A. SCHARF (CSBN 152171)
Assistant United States Attorney
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150 Almaden Blvd., Suite 900
San Jose, California 95113
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Telephone: [phone]
Facsimile: [phone]
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Email: [e-mail]
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Attorneys for Defendant USA
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAMES ELLIS JOHNSON,
Plaintiff,
v.

Case No. C 13-02405 EMC
DEFENDANT USA’S UNOPPOSED
ADMINISTRATIVE MOTION TO
EXTEND TIME TO FILE REPLY

UNITED STATES, et al.,
Defendants.

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PLEASE TAKE NOTICE that, pursuant to Civil L. R. 7-11, defendant USA hereby requests the
Court to extend by just two days the time for it to file its reply in support of its motion to dismiss
plaintiff’s amended complaint to and including April 3, 2014. Plaintiff does not oppose this request.
Per Court Order, plaintiff’s opposition to defendants’ pending motions to dismiss was due March
25, 2014; defendant USA’s reply is due on April 1, 2014; and defendant City and County of San
Francisco’s reply is due April 3, 2014. Document 93. Plaintiff filed his opposition on March 25, 2014.

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Case No. C 13-02405 EMC
28 DEFENDANT USA’S UNOPPOSED ADMINISTRATIVE MOTION TO EXTEND TIME TO FILE
REPLY
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1 However, defendant USA did not receive it until the afternoon of March 27, 2014, when it appeared on
2 PACER.
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Plaintiff’s opposition to defendant USA’s motion to dismiss is seventeen pages of text, not

4 including thirty-four pages of exhibits. Documents 95 and 96. Defense counsel will be on annual leave
5 on March 28, 2014. Although plaintiff’s arguments lack merit, defendant USA would like the full seven
6 days contemplated by the Federal Rules of Civil Procedure and this Court’s Local Rules to prepare a
7 reply. Thus, defendant USA would like to file its reply on or before April 3, 2014, which is the same
8 day that co-defendant City and County of San Francisco will file its reply per the Court’s briefing
9 schedule. This should not delay the April 18, 2014, hearing date on the pending motions to dismiss.
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In a telephone conversation on March 27, 2014, plaintiff told the undersigned that he did not

11 oppose this request.
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Respectfully submitted,

14 DATED: March 27, 2014

MELINDA HAAG
United States Attorney

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/S/__________________________
JAMES A. SCHARF
Assistant United States Attorney
Attorneys for Executive and Senator Defendants

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[PROPOSED] ORDER

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S

en
d M. Ch
e Edwar
Judg
Case No. C 13-02405 EMC
DEFENDANT USA’S UNOPPOSED ADMINISTRATIVE MOTION TO EXTEND TIME TO FILE
REPLY
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E

RT

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____________________________________
VED
APPRO
Hon. Edward M. Chen
United States District Court Judge

NO

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DATED: March ___, 2014

UNIT
ED

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SO ORDERED

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ISTRIC
ES D
TC
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R NIA

from April 1, 2014, to April 3, 2014.

FO

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USA must file its reply in support of its motion to dismiss plaintiff’s amended complaint is continued

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LI

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Good cause appearing, and pursuant to the agreement of the parties, the date by which defendant

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F
D IS T IC T O
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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that she is an employee of the Office of the United States

4 Attorney for the Northern District of California and is a person of such age and discretion to be
5 competent to serve papers. The undersigned further certifies that she is causing a copy of the following:
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DEFENDANT USA’S UNOPPOSED ADMINISTRATIVE
MOTION TO EXTEND TIME TO FILE REPLY
JAMES ELLIS JOHNSON v. UNITED STATES OF AMERICA, et al
No. CV 13-02405 EMC
to be served this date upon the party(ies) as follows:

FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the
designated area for outgoing U.S. mail in accordance with this office's practice.
to the parties addressed as follows:

13 James Ellis Johnson
1819 Golden Gate Avenue, #12
14 San Francisco, CA 94115
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I declare under penalty of perjury under the laws of the United States of America that the
16 foregoing is true and correct.
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Executed this 27th day of March 2014, at San Jose, California.

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/s/ Mimi Lam
_______________________________
Mimi Lam
Legal Assistant