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

Case 3:07-cv-02292-BTM-NLS

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Filed 01/30/2008

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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] Counsel for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

11 HANY M. ABDOU, 12 13 14 15 16 17 18 19 20 21 22

) ) 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; CHRISTINA POULOS,) Director, U.S. Citizenship and Immigration) Services, California Service Center;) MICHAEL B. MUKASEY, U.S. Attorney) General; ROBERT MUELLER, Director,) Federal Bureau of Investigation, ) ) Defendants. ) ___________________________________ )

Case No. 07cv2292-BTM (NLS) JOINT MOTION TO EXTEND TIME TO FILE RESPONSIVE PLEADING [Fed.R.Civ.P. 6(b)(1)]

COME NOW THE PARTIES, Plaintiff Hany Abdou, by and through his counsel, Leah W.

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

Case 3:07-cv-02292-BTM-NLS

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Plaintiff applied for naturalization under 8 U.S.C. § 1421 et seq. on or about November 8, 2005.

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 or otherwise order the expedition of the administrative 4 processing of his naturalization application. 5 In an effort to address Plaintiff's Complaint extrajudicially and without waiving Defendants'

6 rights to defend the causes of actions and allegations, including the right to file any Fed. R. Civ. P. 12 7 motions to dismiss, the parties now jointly request that the Court extend the date upon which Defendants' 8 responsive pleading is due for thirty (30) days until Monday, March 10, 2008. 9 The parties have not previously requested an extension of time. The parties jointly request this

10 time extension as the adjudication of Plaintiff's application is currently ongoing, and the parties believe 11 that the application can be resolved without judicial intervention. 12 Based upon the foregoing, it is respectfully requested that the Court enter an order, under

13 Fed. R. Civ. P. 6(b)(1), expanding the time for the filing of Defendants' responsive pleading to March 14 10, 2008. 15 16 Dated: 17 18 January 30, 2008 s/ Leah W. Hurwitz Counsel for Plaintiff E-Mail: [email protected]

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

19 of the United States District Court for the Southern District of California, I certify that the content of this 20 document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Leah 21 Hurwitz to affix her electronic signature to this document. 22 Dated: 23 24 s/ Megan Callan 25 26 27 28 2 MEGAN CALLAN Assistant U.S. Attorney Counsel for Defendants Email: [email protected] January 30, 2008 Respectfully Submitted, KAREN P. HEWITT United States Attorney

07cv2292

Case 3:07-cv-02292-BTM-NLS

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Filed 01/30/2008

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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 Counsel for Defendants 8 9 10 11 HANY M. ABDOU, 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; et al, ) ) Defendants. ) ___________________________________ ) Case No. 07cv2292-BTM (NLS) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PROOF OF SERVICE

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 RESPONSIVE PLEADING on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically provides 21 notice. 22 23 24 25 26 27 28 Leah W. Hurwitz Counsel for Plaintiff E-Mail: [email protected] I declare under penalty of perjury that the foregoing is true and correct. Executed on January 30, 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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