Case 3:03-cv-01027-JBA
Document 12
Filed 02/17/2004
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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
AGNES KOLE, Plaintiff, v. WARDEN KUMA DEBOO, Defendant.
: : CIVIL NO. 3:03CV1027(WWE)(HBF) : : : February 17, 2004
GOVERNMENT'S THIRD MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT This Court has issued two previous extensions of time, up to February 17, 2004, to permit the Government to respond to the plaintiff's complaint. The Government's has completed its Notice of Substitution, Motion to Dismiss and 33 page supporting memorandum, with exhibits. The Government's memorandum includes a lack of subject matter jurisdiction argument based on 28 U.S.C. ยง 2680(a), discretionary function exception ("DFE"). This portion of the Government's memorandum is currently under review by the Department of Justice, awaiting its approval. The Department's approval for raising a DFE argument is required before undersigned counsel may file the Government's motion and supporting documents. Undersigned counsel anticipates that the Department's approval will be forthcoming over the next few days, and accordingly requests a four (4) day extension, up to and including February 20, 2004. Government counsel is unable to ascertain plaintiff's position with respect to this request due to her incarceration.
Case 3:03-cv-01027-JBA
Document 12
Filed 02/17/2004
Page 2 of 3
Based upon the foregoing reason, and in the interest of justice, the Government respectfully requests that this motion be granted, and an extension be granted up to and including February 20, 2004. Respectfully submitted, Kevin J. O'Connor United States Attorney
Brenda Green, for: Christine Sciarrino Assistant United States Attorney United States Attorney's Office P.O. Box 1824 New Haven, CT 06510 (203) 821-3700 Federal No. CT03393
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Case 3:03-cv-01027-JBA
Document 12
Filed 02/17/2004
Page 3 of 3
Certification I hereby certify that a copy of the within and foregoing was mailed, postage prepaid, on February 17, 2004 to:
Agnes Kole Inmate # 18423-050 FCI Pembroke Station Danbury, Connecticut
06811
Brenda Green, for: Christine Sciarrino Assistant United States Attorney
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