Free Motion for Extension of Time to File Response/Reply - District Court of California - California

Case 3:08-cv-00438-H-LSP

Document 8

Filed 08/22/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 KRISTIN G. HOGUE Supervising Deputy Attorney General 3 DOUGLAS E. BAXTER, State Bar No. 201351 Deputy Attorney General 110 West A Street, Suite 1100 4 San Diego, CA 92101 P.O. Box 85266 5 San Diego, CA 92186-5266 Telephone: (619) 645-2034 6 Fax: (619) 645-2012 Email: [email protected] 7 8 Attorneys for Defendant R.H. Meisel 9 10 11 12 Civil Case No.: 08cv0438 H(LSP) 13 14 15 16 17 18 Defendants. 19 20 Defendant R.H. Meisel, O.D. hereby applies to the Court ex parte for an order extending the v. C. COOK, Medical Appeals Analyst, R.H. MEISEL, Clinical Optometrist, N. BARRERAS, Chief Medical Officer, MAJID MANI, Opthalmologist, RICARDO LOPEZ, Plaintiff, EX PARTE APPLICATION BY DEFENDANT R.H. MEISEL FOR ADDITIONAL TIME TO FILE RESPONSIVE PLEADING OR MOTION TO FIRST- AMENDED COMPLAINT Magistrate Judge: Hon. Leo S. Papas IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

21 time to file a responsive pleading or motion to the first-amended complaint in this action. The 22 undersigned counsel advised Plaintiff, a pro per inmate, of this request via facsimile sent to 23 California Men's Colony (where Plaintiff is currently incarcerated) and delivered to Plaintiff 24 through the prison's Litigation Coordinator on August 22, 2008. Defendant Meisel has not 25 sought or obtained any previous extensions of time. 26 Such an extension of time is appropriate for the following reasons: 1) Defendant Meisel

27 intends to file a responsive pleading or motion and to defend himself in the instant litigation; 2) 28 Defendant Meisel is entitled to legal representation through the Attorney General's Office at the
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1 expense of the State of California; 3) although the United States Marshal's Service left a copy of 2 the summons and complaint with Defendant Meisel's colleague on August 8, 2008, Defendant 3 Meisel did not obtain the documents for a few days after the 8th; 4) the ensuing process of 4 transferring Defendant Meisel's request for representation through the prison Litigation 5 Coordinator to the Attorney General's Office caused the Attorney General's Office to receive the 6 request on August 20, 2008; 5) Defendant Meisel is leaving for a pre-planned trip to Africa on 7 August 23, 2008, and will not be returning until September10, 2008; and 6) this leaves 8 insufficient time for Defendant Meisel to assist his assigned attorney - Deputy Attorney General 9 Douglas E. Baxter - in evaluating the case and preparing a responsive pleading or motion by 10 August 28, 2008. 11 Accordingly, Defendant Meisel respectfully requests that the Court grant him a period of 45

12 days from the date of this application - until September 26, 2008 - to file a pleading or motion 13 responsive to the first-amended complaint. Good cause exists for an extension of time to file a 14 responsive pleading or motion under Civil Local Rule 12.1. 15 16 17 18 19 20 21 22 23 24 25 26 27
Ex parte.wpd

This ex parte application is supported by the attached Declaration of Douglas E. Baxter. Dated: August 22, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California KRISTIN G. HOGUE Supervising Deputy Attorney General

_/s/ Douglas E. Baxter DOUGLAS E. BAXTER Deputy Attorney General Attorneys for Defendant R.H. Meisel

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SD2008802035

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