Kim v. United States of America

Filing 24

ORDER Granting 23 Motion to Extend Time re 10 Motion to Dismiss. Defendant's reply shall be due on or before 11/24/16. Signed by Judge Andrew P. Gordon on 10/26/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00778-APG-CWH Document 23 Filed 10/25/16 Page 1 of 3

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JOHN S. LEONARDO
United States Attorney
District of Arizona
KATHERINE V. FOSS
Assistant U.S. Attorney
Arizona State Bar No. 029124
J. COLE HERNANDEZ
Assistant US Attorney
Arizona State Bar No. 018802
405 W. Congress Street, Suite 4800
Tucson, Arizona 85701-5040
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA
Thomas Kim,

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2:16-cv-00778-APG-CWH
Plaintiff,

v.
United States of America,

MOTION FOR EXTENSION OF TIME
TO REPLY TO PLAINTIFF’S
RESPONSE TO MOTION TO DISMISS
(First Request)

Defendant.

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Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), Defendant respectfully

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requests that the Court extend by 30 days the time within which Defendant must reply to

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Plaintiff’s response to Defendant’s Motion to Dismiss. This is Defendant’s first request for

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additional time to reply.

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In support of this motion, Defendant relies upon the following:

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1. Federal Rule of Civil Procedure 6(b)(1)(A) permits a party to extend a deadline

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prior to its expiration upon a showing of “good cause”.
2. Plaintiff’s response to the pending motion to dismiss was filed on October 18,
2016, making the reply due on October 25, 2016.

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3. Due to other case commitments, travel, and scheduling issues, counsel for

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Defendant will not have sufficient time to adequately reply to Plaintiff’s response.

Case 2:16-cv-00778-APG-CWH Document 23 Filed 10/25/16 Page 2 of 3

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4. Counsel for Plaintiff does not oppose this extension of time.

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5. This extension is requested in good faith and not for purposes of delay.

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Respectfully submitted this 25th day of October, 2016.

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JOHN S. LEONARDO
United States Attorney
District of Arizona

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s/ Katherine V. Foss
KATHERINE V. FOSS
J. COLE HERNANDEZ
Special Attorneys to the Attorney General

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IT IS SO ORDERED:

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Defendant’s motion for extension of time to reply to Plaintiff’s Opposition to
Defendant’s Motion to Dismiss (Doc. 22) is hereby granted. Defendant’s reply shall
be due on or before November 24, 2016.

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___________________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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Dated: October 26, 2016.

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DATED:

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