Fullam Enterprises v. U.S. Small Business Administration et al

Filing 22

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)

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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 3 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 Patrick.Rose@usdoj.gov 7 Attorneys for the Federal Defendants 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 FULLAM ENTERPRISES dba THUNDERSTRUCK DANCE 11 PRODUCTIONS, a Nevada Corporation, Case No. 2:22-cv-01032-RFB-NJK 12 Stipulation and Order to Extend or Clarify Responsive Date (First Request) 13 vs. Plaintiff, U.S. SMALL BUSINESS 14 ADMINISTRATION and ISABELLA CASILLAS GUZMAN, Administrator, Small 15 Business Administration, 16 Defendants. 17 18 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. 24 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 1 delivery of summons and complaint, or certified mailing of summons and complaint, to the 2 United States Attorney or other appropriate person within the office). The United States 3 Attorney was not served with the summonses and original complaint so as to commence the 4 60-day clock. 5 However, as a practical matter, the undersigned AUSA filed a Notice of Appearance 6 on July 25, 2022, noting that a revised decision was expected from the SBA, the SBA issued 7 a revised decision on July 28, 2022, and Plaintiff filed its First Amended Complaint on 8 September 1, 2022. 9 In an effort to avoid motion practice over the issues of service requirements and an 10 applicable responsive due date, and because the undersigned AUSA’s schedule includes 11 several meetings, depositions, and other deadlines during the next two weeks, the parties 12 agree to a date of September 29, 2022, for Federal Defendants to file and serve an answer to 13 Plaintiff’s First Amended Complaint. The U.S. Attorney’s Office remains very busy, with 14 three civil defense attorneys and three vacancies for civil defense attorneys. 15 16 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 17 18 19 20 21 22 23 IT IS SO ORDERED 24 25 _______________________________________ UNITED STATES MAGISTRATE JUDGE 26 DATED: September 15, 2022 27 28 2 _

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