Free Response - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 427

Filed 09/29/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: September 28, 2004

DEFENDANT S OBJECTION FOR EXTENSION OF TIME

Defendant Mostafa Reyad hereby objects to the substance of Plaintiff s motion for extension of time to file post-trial briefs dated September 24, 2004 (Doc # 426). Plaintiff requests extension through October 25, 2004 and the Court to notify Defendants that if they fail to file their brief by such date, they will be deemed to have waived their right to file such brief. Plaintiff s motion is premature and improperly filed in this juncture. Plaintiff s motion should be disregarded.

Defendant filed motion to stay on September 2, 2004 (Doc # 419); pending ruling upon Defendant s motions. Among these motions, motion to recluse Honorable Droney pursuant to 28 U.S.C. 455 (b)(3) (Doc # 417). Indeed, Honorable Droney may rule on that motion and deny it if it has no legal ground, however, the action must stay until that Ruling. Moreover, the governing law of this action is

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Case 3:00-cv-00835-CFD

Document 427

Filed 09/29/2004

Page 2 of 3

California law as determined by Honorable Droney s Decision dated August 10, 2001 (Order # 150). Pursuant to California law; Cal. C. Civ. Proc. Sec. 170 3(c)(5), another Judge must make the decision on that motion, see United States v. Robert Silver, No. 00-50071 decided on April 6, 2001 and its comment p. 4436 on United States v. Arnpriester, 37 F. 3d 466 (9th Cir. 1994); Judge McNamee denied Arnpriester motion to recuse. The Ninth Circuit held ([3] We held that Judge McNamee should have reused himself from making a decision on Arnpriester motion). The Circuit also cited p. 4437; United States v. Outler, 659 F. 2d 1306, 1312-13 (5th Cir. 1981) (stating that recusal is necessary under section 455 (b)(3) when the two proceedings have a common, single transaction or event at issue ).

Plaintiff s motion is premature and should be disregarded.

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Case 3:00-cv-00835-CFD

Document 427

Filed 09/29/2004

Page 3 of 3

The Defendant Mostafa Reyad

By: Mostafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Day Phone 203-325-4100

CERTIFICATE OF SERVICE

The undersigned certifies that he emailed a true and correct copy of this document to Attorney David Schaefer and Hand delivered to Wafa Reyad.

Mostafa Reyad

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