Delgado Solis v. Holder et al

Filing 6

ORDER granting 5 Motion to Extend Time. Federal Defendants to respond to Complaint by 1/31/2011. Signed by Chief Judge Roger L. Hunt on 12/21/10. (Copies have been distributed pursuant to the NEF - ECS)

Delgado Solis v. Holder et al

Doc. 6

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DANIEL G. BOGDEN United States Attorney District of Nevada 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 Herlen Delgado Solis, ) ) Plaintiffs, ) vs. ) ) Eric Holder. U.S. Attorney General, ) Alejandro Mayorkas, Director, U.S. ) Citizenship and Immigration Services, ) Janet Napolitano, Secretaryof the ) Department of Homeland Security, ) Daniel M. Renaud, Director, USCIS ) Vermont Service Center, Robert Cowan, ) Director, USCIS National Benefits ) Center, ) Defendants. ) ____________________________________)

Case No: 2:10-cv-01742-RLH-LRL

MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT (First Request)

Comes now federal defendants by and through Daniel G. Bogden, United States Attorney and Carlos A. Gonzalez, Assistant United States Attorney and respectfully request a forty four (44) day extension of time, up to and including January 31, 2011, to file a response to Plaintiff's petition. In support of this request for an extension of time, Defendants rely upon the Memorandum of Points and Authorities set forth below.

Dockets.Justia.com

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MEMORANDUM OF POINTS AND AUTHORITIES Plaintiffs filed their complaint on October 18, 2010. An answer to the complaint would be due on December 17, 2010. Defendants request that this honorable Court grant a forty-four (44) day extension of time, up to and including, January 31, 2011. The Office of Immigration Litigation (OIL) of the Civil Division of the Department of Justice in Washington D.C., the Department of Homeland Security in Phoenix, Arizona and the United States Attorney's Office in Las Vegas, Nevada have assigned counsel to undertake the governments defense in the instant civil action. The expertise of these offices in different aspects of the litigation need to be coordinated to properly analyze the factual and legal issues presented to properly draft and file the most appropriate pleading to plaintiffs complaint. This necessary coordination between offices and end of year employment requirements and matters for government employees have made impossible the filing of the complaint by the due date. Compounding the problem, undersigned counsel has been outside of the District on business and personal reasons. Counsel for OIL is presently on medical leave for the remainder of the year. This request is made prior to the expiration of the time permitted to respond to the Petition and will not prejudice Plaintiffs. ... ...

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It is therefore respectfully requested that the court grant defendants an extension of forty four (44) days to and including January 31, 2011, in which to file an answer or appropriate pleading to Plaintiffs' Complaint.

DATED: 17TH day of December 2010. DANIEL G. BOGDEN United States Attorney /s/ Carlos A. Gonzalez Carlos A. Gonzalez Assistant United States Attorney

IT IS SO ORDERED:

UN ed States Magistrate Judge UnitITED STATES DISTRICT JUDGE DATED: December 21, 2010

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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 DATED: December 17, 2010

PROOF OF SERVICE

I, Carlos A. Gonzalez, certify that the following individual was served the MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT (First Request) on this date by the below identified method of service: CM/ECF Notification Seth L. Reszko Reza Athari & Associates. PLLC 6235 S. Pecos Road, Suite 109 Las Vegas, NV 89120 Email: [e-mail]

/s/ Carlos A. Gonzalez Carlos A. Gonzalez Assistant United States Attorney

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