Tello-Zavaleta et al v. Parocua et al

Filing 8

ORDER granting 7 Defendants' Motion to Extend Time to respond to 1 Plaintiffs' Complaint. (Responses due by 2/8/2010.) Signed by Judge Larry R. Hicks on 1/8/2010. (Copies have been distributed pursuant to the NEF - SL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

DANIEL G. BOGDEN United States Attorney District of Nevada Bar No. 2137 CARLOS A. GONZALEZ Assistant United States Attorney 333 Las Vegas Blvd. So., #5000 Las Vegas, Nevada 89101 Ph: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for the United States.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA KAREN VIVANCO and MICHAEL TELLO ZAVALETA, ) ) ) Plaintiffs, ) v. ) ) LOLA PAROCUA, Field Office ) Director, U.S. Citizenship ) and Immigration Services, Las ) Vegas Sub-district Office, ) et al., ) ) Defendants. ) )

Case No. 2:09-cv-1930-LRH-PAL

DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING TO PLAINTIFFS' COMPLAINT (Se ond Request) AND cORDER Defendants, by and through their attorneys, Daniel G. Bogden, United States Attorney for the District of Nevada, and Carlos A. Gonzalez, Assistant United States Attorney, respectfully request a thirty (30) day extension of time, up to and including February 8, 2010, to file a responsive pleading to Plaintiffs' Complaint. ...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

In support of this request for an extension of time, Defendants rely upon the Memorandum of Points and Authorities set forth below. DATED this 7th day of January, 2010. Respectfully submitted, DANIEL G. BOGDEN United States Attorney /s/ Carlos A. Gonzalez Carlos A. Gonzalez Assistant United States Attorney

-2-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I.

MEMORANDUM OF POINTS AND AUTHORITIES BACKGROUND Plaintiffs filed their Complaint (#1) with the Court on October 5, 2009. Service on the United States Attorney's Office

pursuant to Federal Rule of Civil Procedure 4(i) was accomplished by certified mail on October 6, 2009. On December 10, 2009, this

Court granted the Defendants' first request for an extension of time up to and including January 7, 2010, to respond to Plaintiffs' Complaint. An interview with the Citizenship and Immigration Services ("CIS") to review Plaintiffs' I-130 application has been scheduled at 5:00 p.m. on January 7, 2010. The CIS believes an

adjudication can be completed within thirty (30) days following the interview. Therefore, the Defendants request that this

honorable Court grant a thirty (30) day extension of time, up to and including February 8, 2010, to respond to Plaintiff's Complaint. II. ARGUMENT The Federal Rules of Civil Procedure provide for an enlargement of time for cause shown. When an act may or must be done within a specified time, the court may, for good cause, extend the time . . . if a request is made, before the original time or its extension expires . . . . Fed. R. Civ. P., Rule 6(b)(1)(A). . . . . . . -3-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1.

On Wednesday, January 6, 2010, undersigned counsel

contacted the CIS and learned that the CIS has scheduled an interview with Plaintiff at 5:00 p.m. on January 7, 2010. 2. The CIS believes an adjudication can be completed within

thirty (30) days following the interview. 3. This request to extend time for responsive pleading is

made prior to the expiration of time permitted to respond to Plaintiffs' Complaint. III. CONCLUSION Therefore, the Defendants respectfully request that this honorable Court grant an additional thirty (30) day extension of time, up to and including February 8, 2010, to respond to Plaintiffs' Complaint. DATED this 7th day of January 2010. Respectfully submitted, DANIEL G. BOGDEN United States Attorney /s/ Carlos A. Gonzalez Carlos A. Gonzalez Assistant United States Attorney IT IS SO ORDERED. IT IS SO ORDERED: ______________________________ UNITED STATES MAGISTRATE JUDGE _________________________________ LARRY R. HICKS DATE: ______________________ UNITED STATES DISTRICT JUDGE DATED: -4January 8, 2010