Paulus v. US Department of Education et al

Filing 24

ORDER Granting 22 Motion to Extend Time to Respond. US Department of Education answer due 3/30/2012. Signed by Magistrate Judge Cam Ferenbach on 3/8/12. (Copies have been distributed pursuant to the NEF - MMM)

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
Nevada State 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.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MR. FRANKLIN PAULUS,

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Plaintiff,

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v.

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UNITED STATES DEPARTMENT OF
EDUCATION, et al.,

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Defendants.
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Case No.2:11-cv-00903-GMN-VCF
MOTION FOR EXTENSION OF TIME
(Second Request)

COMES NOW Defendant, United States Department of Education,

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by and through Daniel G. Bogden, United States Attorney for the

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District of Nevada, and Carlos A. Gonzalez, Assistant United

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States Attorney, and respectfully moves for a thirty (30) day

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extension of time to and including March 30, 2012, in which to

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file a responsive pleading to Plaintiffs’ Complaint.

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In support of this request for an extension of time,

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Defendants rely upon the Memorandum of Points and Authorities set

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forth below.

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DATED this 29TH day of February 2012.

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Respectfully submitted,

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DANIEL G. BOGDEN
United States Attorney

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

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

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PROCEDURAL BACKGROUND
Plaintiff filed his complaint on or around June 6, 2011.

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The summons and complaint were served on the United States

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Attorney’s Office on November 29, 2011.

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The current due date for the Defendant of Education filing

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of a responsive pleading is February 29, 2012.

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II.

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ARGUMENT
The Federal Rules of Civil Procedure provide for an

enlargement of time for cause shown.

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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 . . . .

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Fed. R. Civ. P., Rule 6(b).
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This request is made prior to the expiration of time
permitted to respond to Plaintiff’s Complaint.

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Presently, the Department of Education’s responsive

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pleading to the complaint is near completion.

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the exhibits needed to document defendants assertions are in the

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process of being redacted and forwarded to undersigned counsel

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for its inclusion in the defendant’s responsive pleading.

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However, some of

Although most of the requested exhibits have been received,

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some are in need of additional work by the Department of

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Education.

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III.

CONCLUSION

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Therefore, the Defendant respectfully request that this

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honorable Court grant an additional thirty (30) day extension of

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time, up to and including March 30, 2012, to respond to

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Plaintiff’s Complaint.

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DATED this 29th day of February 2012.
Respectfully submitted,
Daniel G. BOGDEN
United States Attorney
//S/ CARLOS A. GONZALEZ
CARLOS A. GONZALEZ
Assistant United States Attorney

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IT IS SO ORDERED:

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______________________________
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UNITED STATES MAGISTRATE JUDGE
3-8-2012
DATE: ______________________

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