Fullam Enterprises v. U.S. Small Business Administration et al
ORDER Granting #21 Stipulation for Extension of Time (First Request) or Clarify Responsive Date re #20 Amended Complaint. Isabella Casillas Guzman answer due 9/29/2022; U.S. Small Business Administration answer due 9/29/2022. Signed by Magistrate Judge Nancy J. Koppe on 9/15/2022. (Copies have been distributed pursuant to the NEF - YAW)
Case 2:22-cv-01032-RFB-NJK Document 22 Filed 09/15/22 Page 1 of 2
1 JASON M. FRIERSON
United States Attorney
2 District of Nevada
Nevada Bar Number 7709
PATRICK A. ROSE
4 Assistant United States Attorney
Nevada Bar Number 5109
5 501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
6 (702) 388-6336
7 Attorneys for the Federal Defendants
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
10 FULLAM ENTERPRISES dba
11 PRODUCTIONS, a Nevada Corporation,
Case No. 2:22-cv-01032-RFB-NJK
Stipulation and Order to
Extend or Clarify Responsive Date
U.S. SMALL BUSINESS
14 ADMINISTRATION and ISABELLA
CASILLAS GUZMAN, Administrator, Small
15 Business Administration,
In this case, arising under the Administrative Procedure Act, 5 U.S.C. §§ 551–559,
19 701–706, Plaintiff and Federal Defendants, through their undersigned attorneys, submit this
20 stipulation to extend or clarify, and thereby establish, a mutually-agreeable date of
21 September 29, 2022, for Federal Defendants to file and serve an answer to Plaintiff’s First
22 Amended Complaint (ECF No. 20, filed 9/1/2022). This is the first request of this kind, and
23 it is based on the circumstances set forth below.
A response to an amended complaint is due on the later of 14 days after service of
25 the amended complaint or the due date to respond to the original complaint. Fed. R. Civ. P.
26 15(a)(3). Federal defendants, such as those named in this case, have 60 days from service of
27 process on the United States Attorney to respond to a complaint. See Fed. R. Civ. P.
28 12(a)(2); see also Fed. R. Civ. P. 4(i)(1), (2) (requirements for service of process include
Case 2:22-cv-01032-RFB-NJK Document 22 Filed 09/15/22 Page 2 of 2
delivery of summons and complaint, or certified mailing of summons and complaint, to the
United States Attorney or other appropriate person within the office). The United States
Attorney was not served with the summonses and original complaint so as to commence the
However, as a practical matter, the undersigned AUSA filed a Notice of Appearance
on July 25, 2022, noting that a revised decision was expected from the SBA, the SBA issued
a revised decision on July 28, 2022, and Plaintiff filed its First Amended Complaint on
September 1, 2022.
In an effort to avoid motion practice over the issues of service requirements and an
applicable responsive due date, and because the undersigned AUSA’s schedule includes
several meetings, depositions, and other deadlines during the next two weeks, the parties
agree to a date of September 29, 2022, for Federal Defendants to file and serve an answer to
Plaintiff’s First Amended Complaint. The U.S. Attorney’s Office remains very busy, with
three civil defense attorneys and three vacancies for civil defense attorneys.
Respectfully submitted this 14th day of September 2022.
METSCH & MASON LLP
JASON M. FRIERSON
United States Attorney
/s/ Michael J. Mason
MICHAEL J. MASON, Esq.
5060 N. Harbor Drive, Suite 275
San Diego, CA 92106
Attorneys for Plaintiff Fullam Enterprises
/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney
Attorneys for the Federal Defendants
IT IS SO ORDERED
UNITED STATES MAGISTRATE JUDGE
DATED: September 15, 2022
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