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

Case 3:07-cv-02246-BTM-WMC

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Filed 12/20/2007

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EDMUND G. BROWN JR. Attorney General of the State of California CHRISTOPHER E. KRUEGER Senior Assistant Attorney General STEPHEN P. ACQUISTO Supervising Deputy Attorney General JEFFREY I. BEDELL, State Bar No. 232287 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-6103 Fax: (916) 324-8835 Email: [email protected]

Attorneys for Defendants Arnold Schwarzenegger, in 9 his Official Capacity as Governor of the State of California; Edmund G. Brown Jr., in his Official 10 Capacity as Attorney General of the State of California; and, Jack O'Connell, in his Official I I Capacity as the California State Superintendent of Public Instruction 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28
Request for Extension of Time to Respond to Complaint California Education Committee v. Schwarzenegger et al.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

CALIFORNIA EDUCATION COMMITTEE, LLC and PRISCILLA SCHREIBER, Plaintiffs,
v.

07 CV 2246 BTM (WMC) EX PARTE REQUEST FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT; SUPPORTING DECLARATION OF JEFFREY I. BEDELL IN SUPPORT OF REQUEST FOR EXTENSION OF TIME

ARNOLD SCHWARZENEGGER, in his official capacity as Governer ofthe State of California; EDMUND G. BROWN, JR., in his official capacity as Attorney General of the State of California; JACK O'CONNELL in his official capacity as California Superintendent of Public Instruction; and DOES 1 through 20 inclusive, Defendants.

07 CV 2246 BTM (WMC)

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Case 3:07-cv-02246-BTM-WMC

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Filed 12/20/2007

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Defendants Arnold Sehwarzenegger, in his official capacity as Governor of the State of

2 California, Edmund G. Brown Jr., in his official capacity as Attorney General of the State of 3 California, and Jack O'Connell, in his official capacity as the California State Superintendent of 4 Public Instruction, pursuant to Federal Rule of Civil Procedure Rule 6(b) and Civil Local Rule 5
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12.1 respectfully requests an extension of time to respond to the Complaint to January II , 2008. DECLARATION OF JEFFREY I. BEDELL IN SUPPORT OF REQUEST FOR EXTENSION OF TIME 1. I, Jeffrey 1. Bedell, am an attorney duly licensed to practice law in California and

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9 before this Court . I am one of the attorneys of record for Defendants Arnold Schwarzenegger, in 10 his official capacity as Governor of the State of California, Edmund G. Brown Jr., in his official II capacity as Attorney General of the State of California, and Jack O'Connell, in his official

12 capacity as the California State Superintendent of Public Instruction. I make this Declaration in . 13 Support of the Ex Parte Request for Extension of Time to Respond to the Complaint. 14
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2. 3.

Plaintiffs filed their Complaint on November 27,2007. (Docket #1). The Attorney General as a named defendant was served with the Summons and

16 Complaint on December 4. Therefore, the Attorney General's response to the Complaint is due 17 December 24. Service was made at the Attorney General's San Diego office . Counsel for the 18 Attorney General in this matter is in the Sacramento office and received the Complaint on 19 December 6. 20 4. The Governor was served with the Summons and Complaint on December 6.

21 Therefore, the Governor's response to the Complaint is due December 26. The Governor's 22 Office requested the Attorney General's Office represent the Governor on December 12.
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The State Superintendent of Education was served on December 7. Therefore, the

24 State Superintendent of Education's response to the Complaint is due December 27. The State 25 Superintendent's Office requested the Attorney General's Office represent the State 26 Superintendent on December 13. 27 6. The Complaint brings a facial challenge on both federal and state constitutional

28 grounds to multiple sections of the California Penal and Education Codes . Due to the complexity
Request for Extension of Time to Respond to Complaint

California Education Committee v. Schwarzenegger et al. 07 CV 2246 BTM (WMC)

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Case 3:07-cv-02246-BTM-WMC

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Filed 12/20/2007

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of the issues presented by this action, the necessary factual investigation required of the 2 allegations in the Complaint, and the varying dates when defendants were served and then 3 requested representation, additional time is needed in which to formul ate and prepare responsive 4 5 ple adings. 8. Furthermore, due to the holiday season and vacation plans of staff counsel for the

6 named Defendants, I have not been able to meaningfully review the Com plaint with clients and 7 formu late a response.

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9.

Accordingly, the Attorney General respectfully requests an eighteen day extension

9 of time to answer or otherwise resp ond to the Complaint on or before January I I , 2008 . 10 II 12 10. On December 20, I spoke with Robert Tyler, attorney of record for Plaintiffs, to requ est an extension of time until January I 1, 2008 to respond to the Complaint. Mr. Tyler stated Plaintiffs do not oppose the request for extension of time. I I . No previ ous time modi ficat ions have been given in this case whether by

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14 stipulation or court order. 15 I declare under pen alty of perjury under the laws of this jurisdiction that the foregoing

16 is true and correct. 17 18 19 20 21 22 23 24 25 26 27
SA2007 102670

Dated: December 20, 2007

Respectfully submitted, EDMUN D G. BROWN JR . Attorney General of the State of California CHR ISTOPHER E. KR UEG ER Sen ior Assi stant Attorney General STEPHEN P. ACQUIST O Supervising Deputy Attorney General

JEFFREY I. BED ELL Deputy Attorney General Attorney for Defendants Arnold Schwarzcnegger, in his Official Capacity as Governor of the State of California; Edmund G. Brown Jr., in his Official Capacity as Attorney General of the State of California; and, Jack O' Connell, in his Official Capacity as the California Sta te Superintendent of Public Instruction

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Request for Extension of Time to Respond to Complaint California Education Committee v. Schwarzeneggcret al. 07 CV 224 6 BTM (WMC)

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