Latham & Watkins LLP v. United States Environmental Protection Agency

Filing 8

Latham & Watkins LLP v. United States Environmental Protection Agency

Doc. 8

Case 3:07-cv-00245-DMS-LSP

Document 8

Filed 03/09/2007

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11

KAREN P. HEWITT United States Attorney CINDY M. CIPRIANI Assistant U.S. Attorney California State Bar No. 144402 MEGAN E. CALLAN Assistant U.S. Attorney California State Bar No. 230329 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, ) ) ) Defendant. ) __________________________________ ) Case No. 07cv0245 DMS (LSP)

12 LATHAM & WATKINS LLP, 13 14 15 16 17 18 19

JOINT MOTION TO EXTEND TIME FOR FILING OF RESPONSIVE PLEADING

[Fed.R.Civ.P. 6(b)(1)]

COME NOW THE PARTIES, Plaintiff Latham & Watkins LLP, by and through its counsel, and

20 Defendant, U.S. Environmental Protection Agency, by and through its counsel, and hereby jointly move 21 the Court to extend the time for filing of Defendant's responsive pleading. 22 Plaintiff complains that Defendant improperly withheld the production of documents under the

23 Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 et seq. Plaintiff seeks declaratory and injunctive 24 relief, including the production of the documents withheld by Defendant under FOIA exemptions. 25 In an effort to resolve Plaintiff's complaints and without waiving Defendants' rights to defend

26 the causes of actions and allegations, including the right to file any Fed. R. Civ. P. 12 motions to dismiss, 27 the parties now jointly request that the Court extend the date upon which Defendant's responsive 28 pleading is due until April 23, 2007. The parties have not previously requested an extension of time.

Dockets.Justia.com

Case 3:07-cv-00245-DMS-LSP

Document 8

Filed 03/09/2007

Page 2 of 4

1

Based upon the foregoing, it is respectfully requested that the Court enter an order, under

2 Fed. R. Civ. P. 6(b)(1), expanding the time for the filing of Defendant's responsive pleading until April 3 23, 2007. 4 5 6 7 DATED: March 9, 2007 s/ Patricia Guerrero Counsel for Plaintiff E-Mail: [e-mail]

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures

8 of the United States District Court for the Southern District of California, I certify that the content of this 9 document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Patricia 10 Guerrero to affix her electronic signature to this document. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DATED: March 9, 2007 KAREN P. HEWITT United States Attorney CINDY CIPRIANI Assistant U.S. Attorney s/ Megan E. Callan MEGAN E. CALLAN Assistant United States Attorney Counsel for Defendants E-Mail: [e-mail]

07CV0245

Case 3:07-cv-00245-DMS-LSP

Document 8

Filed 03/09/2007

Page 3 of 4

1 KAREN P. HEWITT United States Attorney 2 CINDY M. CIPRIANI Assistant U.S. Attorney 3 California State Bar No. 144402 MEGAN E. CALLAN 4 Assistant U.S. Attorney California State Bar No. 230329 5 Office of the U.S. Attorney 880 Front Street, Room 6293 6 San Diego, California 92101-8893 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 8 Counsel for Defendants 9 10 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, ) ) ) Defendant. ) __________________________________ ) IT IS HEREBY CERTIFIED THAT: I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above-entitled action. I have caused service of: JOINT MOTION TO EXTEND TIME FOR FILING OF RESPONSIVE PLEADING Case No. 07cv0245 DMS (LSP)

12 LATHAM & WATKINS LLP, 13 14 15 16 17 18 19 20 21 22 23

JOINT MOTION TO EXTEND TIME FOR FILING OF RESPONSIVE PLEADING

[Fed.R.Civ.P. 6(b)(1)]

24 on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. 25 Patricia Guerrero 26 Counsel for Plaintiff E-Mail: [e-mail] 27 // 28 //

07CV0245

Case 3:07-cv-00245-DMS-LSP

Document 8

Filed 03/09/2007

Page 4 of 4

1 2 3 4 I hereby certify that I have caused to be mailed the foregoing, by the United States Postal Service, to the following non-ECF participants on this case: N/A

the last known address, at which place there is delivery service of mail from the United States Postal 5 Service. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 9, 2007. s/ Megan E. Callan Megan E. Callan

07CV0245