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

Case 3:07-cv-02307-BTM-AJB

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Filed 01/23/2008

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KAREN P. HEWITT United States Attorney MEGAN CALLAN Assistant U.S. Attorney California Bar No. 230329 U.S. Attorney's Office 880 Front Street, Room 6293 San Diego, CA 92101-8893 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

11 HAMID KHAJEH, 12 13 14 15 16 17 18 19 20 21

) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; EMILO) GONZALEZ, Director, United States) Citizenship and Immigration Services;) PAUL PIERRE, District Director, U.S.) Citizenship and Immigration Services, San) Diego District; MICHAEL B. MUKASEY,) Attorney General of the United States; and) ROBERT MUELLER, Director, Federal) Bureau of Investigation, ) ) Defendants. ) ___________________________________ )

Case No. 07cv2307-BTM (AJB)

JOINT MOTION TO EXTEND TIME TO FILE RESPONSIVE PLEADING

[FED.R.CIV.P. 6(b)(1)]

COME NOW THE PARTIES, Plaintiff Hamid Khajeh, by and through his counsel, Steven Seick,

22 and Defendants Michael Chertoff, Secretary, U.S. Department of Homeland Security, et al., by and 23 through their counsel, Karen P. Hewitt, United States Attorney, and Megan Callan, Assistant United 24 States Attorney, and hereby jointly move the Court to extend the time for filing of Defendants' 25 responsive pleading until April 10, 2008. 26 // 27 // 28 //

Case 3:07-cv-02307-BTM-AJB

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Filed 01/23/2008

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Plaintiff applied for naturalization under 8 U.S.C. § 1421 et seq. on or about October 12, 2004.

2 Plaintiff complains that Defendants have failed to process his application in a timely manner and prays 3 this Court order the adjudication of his application. 4 In an effort to address Plaintiff's Complaint extrajudicially and without waiving Defendants'

5 rights to defend the causes of actions and allegations, including the right to file any FED. R. CIV. P. 12 6 motions to dismiss, the parties now jointly request that the Court extend the date upon which Defendants' 7 responsive pleading is due until April 10, 2008. The parties have not previously requested an extension 8 of time. The parties jointly request this extension as the adjudication of Plaintiff's application is 9 currently ongoing, and the parties believe that the application can be resolved without judicial 10 intervention. 11 Based upon the foregoing, it is respectfully requested that the Court enter an order, under

12 FED. R. CIV. P. 6(b)(1), expanding the time for the filing of Defendants' responsive pleading to 13 April 10, 2008. 14 15 Dated: 16 17 January 23, 2008 s/ Steven Seick Attorney for Plaintiff E-Mail: [email protected]

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures

18 of the United States District Court for the Southern District of California, I certify that the content of this 19 document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Steven 20 Seick to affix his electronic signature to this document. 21 Dated: 22 23 24 25 26 27 28 2 KAREN P. HEWITT United States Attorney s/Megan Callan MEGAN CALLAN Assistant U.S. Attorney Counsel for Defendants Email: [email protected] January 23, 2008 Respectfully Submitted,

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Case 3:07-cv-02307-BTM-AJB

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Filed 01/23/2008

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1 KAREN P. HEWITT United States Attorney 2 MEGAN CALLAN Assistant U.S. Attorney 3 California Bar No. 230329 U.S. Attorney's Office 4 880 Front Street, Room 6293 San Diego, CA 92101-8893 5 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 6 E-mail: [email protected] 7 8 9 10 11 HAMID KHAJEH, 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; et al., ) ) Defendants. ) ___________________________________ ) Case No. 07cv2307-BTM (AJB) CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

17 IT IS HEREBY CERTIFIED THAT: 18 19 I am not a party to the above-entitled action. I have caused service of: JOINT MOTION TO 20 EXTEND TIME TO FILE DEFENDANTS' RESPONSIVE PLEADING on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which 21 electronically notifies them. 22 23 24 25 26 27 28 3 Steven Seick Attorney for Plaintiff [email protected] I declare under penalty of perjury that the foregoing is true and correct. Executed on January 23, 2008. s/ Megan Callan Megan Callan I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893.

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