BROWN v. STATE OF NEW JERSEY et al

Filing 13

ORDER granting defts Fuentes, Steet and Eskridge 11 Motion for Extension of Time to Answer, move or otherwise reply - 60 day extension from entry of this Order. Signed by Magistrate Judge Ann Marie Donio on 5/18/09. (th, )

[Doc. No. 11] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

DENISE BROWN, Civil No. 09-434-JBS-AMD Plaintiff, v. STATE OF NEW JERSEY, et al., Defendants. ORDER THIS MATTER having come before the Court by way of motion [Doc. No. 11] of New Jersey Attorney General Anne Milgram, by Christina M. Glogoff, Deputy Attorney General (hereinafter, "DAG"), on behalf of Defendants Colonel Rick Fuentes, Detective John Steet, and Trooper Christian Eskridge seeking a 60-day extension of time in which to answer, move, or otherwise reply to Plaintiff's

complaint, pursuant to FED. R. CIV. P. 6(b); and no party having filed opposition to the motion; and the Court having considered this matter pursuant to FED. R. CIV. P. 78; and THE COURT NOTING that Plaintiff submitted the complaint in this matter on January 29, 2009. DAG Glogoff represents that

Defendants Fuentes, Steet, and Eskridge were served with process on February 11, 2009. (Cert. of Christina M. Glogoff in Supp. of Not.

of Mot. for an Extension of Time to Answer, Move or Otherwise Reply

¶ 4, Apr. 22, 2009.)1

Thus, the time for Defendants Fuentes,

Steet, and Eskridge to answer, move, or otherwise reply to the complaint expired on March 3, 2009. In support of the request for

an extension of time, DAG Glogoff represents that this case was not assigned to her until March 5, 2009, after the expiration of the time to file a responsive pleading. (Id. at ¶ 6.) DAG Glogoff

further states that she did not receive the individually named Defendants' requests for representation until "the week of March 9, 2009[.]" (Id.) DAG Glogoff asserts that before the Attorney

General's Office could determine whether to provide representation to the individually named Defendants, the matter had to be

"extensively reviewed." (Id.) DAG Glogoff represents that she was advised on April 21, 2009 that the individually named Defendants' requests for representation would be granted. thus requests a 60-day extension of time (Id.) to DAG Glogoff to the

respond

complaint so that the individually named Defendants have "the opportunity to present meritorious defenses and to appropriately respond to the allegations asserted by the plaintiff in the

Complaint."

(Id. at ¶¶ 7, 8); and 6(b)(1)(B)

THE COURT FURTHER NOTING that FED. R. CIV. P.

provides that when an act must be performed within a specified time and "if the party failed to act because of excusable neglect," the

1. The Court notes that no Proof of Service form was filed on the docket indicating that Defendants Fuentes, Steet, and Eskridge were served with process. 2

Court may extend the time for "good cause." 6(b)(1)(B); and

FED. R. CIV. P.

THE COURT FINDING that an extension of time for Defendants Fuentes, Steet, and Eskridge to answer, move or otherwise reply to Plaintiff's complaint is warranted in light of DAG Glogoff's representation that the Attorney General's Office did not assign this case to her until after the time to respond to the complaint had expired, and that the individually named Defendants' requests for representation were not granted by the Attorney General's Office until April 21, 2009. In so finding, the Court notes that

Plaintiff has not filed opposition to Defendants' request for an extension of time. Accordingly, the Court will permit Defendants

Fuentes, Steet, and Eskridge an additional sixty days to answer, move or otherwise reply to Plaintiff's complaint. However, no

further requests for an extension of time will be granted absent a specific explanation as to the efforts made by the Attorney

General's Office to file a responsive pleading within the extension of time granted by the Court. CONSEQUENTLY, for the reasons set forth above and good cause shown: IT IS on this 18th day of May 2009, ORDERED that the motion [Doc. No. 11] of Defendants Fuentes, Steet, and Eskridge for a 60-day extension of time in which to answer, move, or otherwise reply to Plaintiff's complaint shall be, and hereby is, GRANTED; and it is further 3

ORDERED that Defendants Fuentes, Steet, and Eskridge are hereby granted leave to answer, move or otherwise reply to

Plaintiff's complaint within sixty (60) days from the date of entry of this Order.

s/ Ann Marie Donio ANN MARIE DONIO UNITED STATES MAGISTRATE JUDGE cc: Hon. Jerome B. Simandle

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