Warner et al v. Napolitano et al
Filing
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ORDER Granting 24 Motion to Extend Time to Answer/Respond to Complaint. Leander Holston answer due 2/17/2012; Alejandro Mayorkas answer due 2/17/2012; Janet Napolitano answer due 2/17/2012; Christina Poulos answer due 2/17/2012. Signed by Magistrate Judge Carl W. Hoffman on 12/19/11. (Copies have been distributed pursuant to the NEF - MMM)
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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 South Las Vegas Blvd.,Suite 5000
Las Vegas, NV 89101
(702)388-6336/(702)388-6787
carlos.gonzalez2@usdoj.gov
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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Alexandra Warner and
Wael Choughari,
Plaintiffs,
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2:11-01060-KJD-CWH
v.
DEFENDANTS’ UNOPPOSED MOTION
FOR EXTENSION OF TIME TO
RESPOND TO COMPLAINT
JANET NAPOLITANO, Secretary,
United States Department of
Homeland Security; et al.,
Defendants.
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DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME
TO RESPOND TO PLAINTIFFS’ COMPLAINT
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(First Request)
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Defendants, by and through their attorneys, Daniel G.
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Bogden, United States Attorney for the District of Nevada,
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Carlos A. Gonzalez, Assistant United States Attorney, and
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Sherease R. Pratt, Trial Attorney, United States Department of
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Justice, respectfully request a sixty (60) day extension of
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time, up to and including February 17, 2012, in which to file a
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responsive pleading to Plaintiffs’ Complaint(#1).
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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
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attached hereto and incorporated herein.
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DATED this 16th day of December, 2011.
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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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BACKGROUND
Plaintiff filed his Complaint (#1) with the Court on June
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28, 2011, and Defendants’ response is due on Monday, December
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20, 2011.
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Immigration Services (“USCIS”) has forwarded Plaintiff Wael
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Choughari's visa petition appeal to the Board of Immigration
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Appeals (“BIA”) and is in the process of coordinating with
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United States Immigration and Customs Enforcement (“ICE”) and
Agency counsel for the United States Citizenship and
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the BIA to stay Plaintiff Choughari's removal proceedings
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pending resolution of his visa appeal.
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court case may be resolved without further litigation, the
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Government requests that this honorable Court grant a sixty
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(60) day extension of time, up to and including February 17,
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2012, in which to file a responsive pleading to Plaintiffs'
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Complaint.
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Because the district
On December 13, 2011, undersigned counsel Sherease Pratt
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spoke with Mr. Anthony D. Guenther, Plaintiffs’ counsel, and he
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does not oppose this request for an extension of time.
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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.
When an act may or must be done within a specified
time, the court may, for good cause, extend the time:
(A) with or without motion or notice if the court
acts, or if a request is made, before the original
time or its extension expires . . . .
Fed. R. Civ. P., Rule 6(b)(1)(A).
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Undersigned counsel will not be able to meet the
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response deadline because they must coordinate a response with
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agency counsel.
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Plaintiff Wael Choughari's visa petition appeal to the BIA and
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is in the process of coordinating with ICE and the BIA to stay
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Plaintiff Choughari's removal proceedings pending resolution of
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his visa appeal.
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resolved without further litigation, the Government requests
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that this honorable Court grant a sixty (60) day extension of
Agency counsel for USCIS has forwarded
Because the district court case may be
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time, up to and including February 17, 2012, in which to file a
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responsive pleading to Plaintiffs' Complaint.
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2.
This request is made prior to the expiration of the
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time set by the Court to respond to Plaintiffs’ Complaint.
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III. CONCLUSION
Therefore, the Defendants respectfully request that this
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honorable Court grant a sixty (60) day extension of time, up to
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and including February 17, 2012, in which to file a response to
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Plaintiffs’ Complaint (#1).
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DATED this 16th day of December, 2011.
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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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TONY WEST
Assistant Attorney General
Civil Division
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JEFFREY S. ROBINS
Assistant Director
Office of Immigration Litigation
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/s/ SHEREASE R. PRATT
SHEREASE R. PRATT
Trial Attorney
U.S. Department of Justice
Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, DC 20530
Telephone: (202) 616-0063
Facsimile: (202) 616-8962
sherease.pratt@usdoj.gov
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Attorneys for Defendants
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December 19, 2011
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