Kurth et al v. Holston et al
Filing
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ORDER Granting 8 Motion to Extend Time to Answer/Respond. Leander B. Holston answer due 2/20/2012; John Morton answer due 2/20/2012. Signed by Magistrate Judge Peggy A. Leen on 1/13/12. (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.
Lloyd George Federal Building, Suite 5000
Las Vegas, NV 89101
702-388-6336/702-388-6787
carlos.gonzalez2@usdoj.gov
TONY WEST
Assistant Attorney General, Civil Division
ELIZABETH STEVENS
Assistant Director, District Court Section
Office of Immigration Litigation
BRADLEY B. BANIAS
Trial Attorney
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
202-532-4809/202-305-7000
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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ERIC KURTH, et al.,
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Plaintiffs,
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v.
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LEANDER HOLSTON, Field
Director, Las Vegas, U.S.
Citizenship and Immigration
Services, et al.,
Defendants.
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No. 2:11-cv-01638-JCM -PAL
DEFENDANTS’ UNOPPOSED MOTION
FOR AN EXTENSION OF TIME TO
ANSWER OR OTHERWISE RESPOND
(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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Bradley Banias, Trial Attorney, United States Department of
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Justice, respectfully request a thirty (30) day extension of
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time, up to and including February 20, 2012, in which to file a
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responsive pleading to Plaintiffs’ Complaint.
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this request for an extension of time, Defendants rely upon the
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Memorandum of Points and Authorities attached hereto and
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incorporated herein.
In support of
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Dated: January 12, 2012
Respectfully submitted,
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
ELIZABETH STEVENS
Assistant Director - District Court Section
Office of Immigration Litigation
BRADLEY B. BANIAS
Trial Attorney - District Court Section
Office of Immigration Litigation
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
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BACKGROUND
Plaintiffs filed their Complaint with the Court on October
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11, 2011.
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21, 2011, and as such, Defendants’ response is due on January
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20, 2012.
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allegations, Defendants seek additional time to fully review
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and analyze Plaintiffs’ allegations and to coordinate a
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complete response to each allegation.
The U.S. Attorney’s Office was served on November
Given the scope of Plaintiffs’ factual and legal
Defendants, therefore,
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request that this honorable Court grant a thirty (30) day
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extension of time, up to and including February 20, 2012, in
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which to file a responsive pleading to Plaintiffs' Complaint.
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On January 11, 2011, undersigned counsel Bradley Banias
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conferred with Mr. Michael Kimbrell, Plaintiffs’ counsel, and
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he 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).
1.
Because Defendants need additional time to analyze
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Plaintiffs’ allegations and coordinate a response amongst the
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different agency Defendants, Defendants request that this
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honorable Court grant a thirty (30) day extension of time, up
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to and including February 20, 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
time to respond to Plaintiffs’ Complaint.
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On January 11, 2012, undersigned counsel Bradley
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Banias spoke with Mr. Michael Kimbrell, Plaintiffs’ counsel,
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and he does not oppose this request for an extension of time.
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III. CONCLUSION
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Therefore, Defendants respectfully request that this
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honorable Court grant a thirty (30) day extension of time, up
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to and including February 20, 2012, in which to file a response
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to Plaintiffs’ Complaint.
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Dated: January 12, 2012
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Respectfully submitted,
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
ELIZABETH STEVENS
Assistant Director - District Court Section
Office of Immigration Litigation
BRADLEY B. BANIAS
Trial Attorney - District Court Section
Office of Immigration Litigation
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Dated: January 13, 2012
IT IS SO ORDERED.
__________________________
UNITED STATES
JUDGE
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