Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:08-cv-00450-IEG-WMC

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Filed 06/06/2008

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KAREN P. HEWITT United States Attorney ROBERT I. LESTER State of California Bar No. 116429 Special Assistant United States Attorney Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, CA 92101-8893 Phone: (213) 894-2464 Fax: (213) 894-7819 Email: [email protected] Attorneys for Defendant Barbara Major, former Assistant United States Attorney UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA PAUL J. BLAZEVICH and E. BLAZEVICH, ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, an entity; ) UNITED STATES ATTORNEY'S OFFICE FOR ) THE SOUTHERN DISTRICT OF CALIFORNIA, ) a government entity; IMMIGRATION AND ) CUSTOMS ENFORCEMENT, a government entity; ) KAREN HEWITT, in her individual capacity ) and as United States Attorney for the ) Southern District of California; BARBARA ) MAJOR-GLUCK, in her individual and former ) capacity as Assistant United States ) Attorney; MICHAEL FOSTER, in his ) individual and capacity as United States ) Customs Agent; WILLIAM A. HALL, in his ) individual and capacity as Assistant ) United States Attorney; and DOES 1 ) through 20 inclusive, ) ) Defendants. ) _________________________________________ ) No. 08CV0450-IEG(WMc) EX PARTE APPLICATION OF FEDERAL DEFENDANT BARBARA MAJOR FOR ORDER ESTABLISHING DEADLINE TO FILE RESPONSE TO COMPLAINT

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Case 3:08-cv-00450-IEG-WMC

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Defendant Barbara Major, former Assistant United States Attorney for the Southern District of California, applies ex parte for an order establishing a deadline for her to answer, respond or otherwise plead to the complaint. application is set forth below. I GOOD CAUSE EXISTS FOR THE COURT TO ESTABLISH A DEADLINE FOR A RESPONSE TO THE COMPLAINT Pro se plaintiffs filed this suit on March 11, 2008, pursuant to the Federal Tort Claims Act1 and Bivens.2 page complaint alleges 15 claims. The 50The basis for this

Plaintiffs sue, among others, Neither

former Assistant United States Attorney Barbara Major.

Defendant Major nor the United States Attorney's Office for the Southern District of California has been served with process. See Fed. R. Civ. P. 4(i). Authority to represent Defendant Major was obtained in the past two weeks. Further, the undersigned was appointed only this

week as a Special Assistant United States Attorney in order to represent Defendant Major. Counsel is now obtaining information Under the circumstances,

necessary to defend this case.

Defendant Major respectfully requests the Court to order that her response to the complaint is due within 90 days of the date the order is signed. Setting the deadline also will eliminate the

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28 U.S.C. §§ 1346(b) and 2671-2680.

Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). 2

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Case 3:08-cv-00450-IEG-WMC

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uncertainty regarding the time to respond which has been created by Plaintiffs' failure to complete service. II CONCLUSION For the foregoing reasons, Defendant Major respectfully requests the Court to order that she has 90 days to answer, plead, or otherwise respond to the complaint. DATE: June 6, 2008. Respectfully submitted, KAREN P. HEWITT United States Attorney LEON W. WEIDMAN

/s/ Robert I. Lester ROBERT I. LESTER Special Assistant U.S. Attorney Attorneys for Defendant Barbara Major, former Assistant United States Attorney

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Case 3:08-cv-00450-IEG-WMC

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CERTIFICATE OF SERVICE BY MAIL I am a citizen of the United States and resident or employed in Los Angeles County, California. I am a Special Assistant

United States Attorney for the Southern District of California. My business address is 300 North Los Angeles Street, Suite 7516, Los Angeles, California 90012. I am over the age of 18 and not

a party to the within action. On June 6, 2008, I served by email a copy of EX PARTE APPLICATION OF FEDERAL DEFENDANT BARBARA MAJOR FOR ORDER ESTABLISHING DEADLINE TO FILE RESPONSE TO COMPLAINT to: Paul Blazevich E. Blazevich P.O. Box 2256 National City, CA 91951-2256 I declare that I am a member of the bar of this Court. I declare under penalty of perjury the laws of the United States of America that the foregoing is true and correct. Executed on: June 6, 2008 at Los Angeles, California.

/s/ Robert I. Lester ROBERT I. LESTER