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

Case 3:07-cv-02418-BTM-JMA

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Filed 03/03/2008

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KAREN P. HEWITT United States Attorney CAROLINE J. CLARK Assistant U.S. Attorney California State Bar No. 220000 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7491 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendants

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA WEN-CHENG HSIUNG, CHIA HUI) TANG, PEI YU HSIUNG, YUEH LING) HSIUNG, ) ) Plaintiffs, ) ) v. ) ) ROBERT S. MUELLER, III, Director,) Federal Bureau of Investigation; GERARD) HEINAUER, Acting Director, Nebraska) Service Center, USCIS; EMILIO T.) GONZALEZ, Director, USCIS; PAUL) PIERRE, District Director, USCIS, ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security;) MICHAEL MUKASEY, Attorney General,) ) Defendants. ) __________________________________ ) Case No. 07cv2418 BTM (JMA) JOINT MOTION TO EXTEND TIME FOR FILING OF RESPONSIVE PLEADING [Fed.R.Civ.P. 6(b)(1)]

COME NOW THE PARTIES, Plaintiffs Wen-Cheng Hsiung, et al., by and through counsel, Linda W. Lau, and Defendants Robert S. Mueller, et al., by and through their counsel, Karen P. Hewitt, United States Attorney, and Caroline J. Clark, Assistant United States Attorney, and hereby jointly move the Court to extend the time for filing of Defendants' responsive pleading. The parties are working toward an extrajudicial resolution of Plaintiffs' complaint, and the parties have agreed that additional time is required before Defendants' filing of any responsive pleading in order to pursue resolution of Plaintiffs' claims without the intervention of the Court. In order to address Plaintiffs' claims and

Case 3:07-cv-02418-BTM-JMA

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Filed 03/03/2008

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without waiving Defendants' rights to defend the causes of actions and allegations, including the right to file any FED. R. CIV. P. 12 motions to dismiss, the parties jointly request this extension of time. Based upon the foregoing, it is respectfully requested that the Court enter an order, under FED. R. CIV. P. 6(b)(1), expanding the time for the filing of Defendants' responsive pleading until April 10, 2008.

DATED: March 3, 2008

s/ Linda W. Lau _______________________ LINDA W. LAU Attorney for Plaintiffs E-Mail: [email protected]

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures of the United States District Court for the Southern District of California, I certify that the content of this document is acceptable to counsel for the Plaintiffs and that I have obtained authorization from Linda W. Lau to affix her electronic signature to this document.

DATED: March 3, 2008

KAREN P. HEWITT United States Attorney s/ Caroline J. Clark

16 17 18 19 20 21 22 23 24 25 26 27 28 2 CAROLINE J. CLARK Assistant United States Attorney Attorneys for Defendants E-Mail: [email protected]

07cv2418