Saubhayana v. Sessions et al

Filing 44

ORDER Granting 43 Motion to Extend Time re 34 Amended Complaint (Second Request). Defendants answer due 4/8/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/24/2021. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-02655-JAD-EJY Document 44 Filed 03/24/21 Page 1 of 3

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BRIAN M. BOYNTON
Acting Assistant Attorney General
Civil Division
WILLIAM PEACHEY
Director, District Court Section
Office of Immigration Litigation
ELIANIS PEREZ
Assistant Director, District Court Section
Office of Immigration Litigation
MARY LARAKERS, TX Bar # 24093943
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SATHIRAWAT SAUBHAYANA,

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Case No. 2:17-cv-2655-JAD-EJY

Plaintiff,

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v.

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MERRICK B. GARLAND, U.S. Attorney
General, et al.,1

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Defendants.

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UNOPPOSED MOTION FOR LEAVE TO
FILE ANSWER AND TO EXTEND TIME
TO FILE ANSWER TO FIRST AMENDED
COMPLAINT
(Second Request)

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Merrick B. Garland has been automatically substituted as a party in this case pursuant Federal
Rule Civil Procedure 25(d).

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Case 2:17-cv-02655-JAD-EJY Document 44 Filed 03/24/21 Page 2 of 3

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On March 4, 2021, the Court denied Defendants’ motion to dismiss the first amended

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complaint. ECF No. 37. Defendants were required to answer by March 18, 2021. Fed. R. Civ. P.

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12(a)(4)(A). Defendants hereby move to file its answer out of time and to extend the time for the

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filing of their answer to the first amended complaint until April 8, 2021. This is the second

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extension of time sought in this action with respect to the Defendants’ answer to the first

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amended complaint. However, it is the first request for an extension since the Court denied

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Defendants’ motion to dismiss. The current filing deadline was March 18, 2021, pursuant to

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Federal Rule of Civil Procedure 12, which requires a response to a denied motion to dismiss

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within 14 days. The requested extension of time is based on the following:

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1. This is a challenge to U.S. Citizenship and Immigration Services’ (“USCIS”) decision
to deny Plaintiff’s application for naturalization. See 8 U.S.C. § 1421(c).
2. Undersigned counsel requires additional time to prepare an answer and confer with
Defendant agency, USCIS, regarding Plaintiff’s allegations in his complaint.
3. Due to the COVID-19 pandemic, USCIS needs additional time to obtain Plaintiff’s
alien file, which it needs to draft its answer to Plaintiff’s complaint.
4. Plaintiff, through counsel, indicated that he does not oppose this motion for an

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extension of time, by email on March 23, 2021. To that end, Defendants request

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additional time to answer the complaint, until April 8, 2021.

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Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
Civil Division
ELIANIS PEREZ
Assistant Director
Office of Immigration Litigation
By: /s/ Mary L. Larakers
MARY L. LARAKERS
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Case 2:17-cv-02655-JAD-EJY Document 44 Filed 03/24/21 Page 3 of 3

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Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
[e-mail]

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IT IS SO ORDERED.

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______________________________
U.S. MAGISTRATE JUDGE

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Dated: March 24, 2021

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