Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-02188-J-CAB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. NICENA MOLINA,

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DENNIS M. GRADY, ESQ., Bar No. 118461 SCOTT L. ZIELINSKI, ESQ., Bar No. 218742 GRADY AND ASSOCIATES 3517 Camino Del Rio South, Suite 400 San Diego, California 92108 Telephone: (619) 528-2530 Attorneys for PLAINTIFF, NICENA MOLINA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Plaintiff,

JOHN E. POTTER, POSTMASTER GENERAL OF THE UNITED STATES POSTAL SERVICE Defendant.

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Case No. 07CV 2188 J CAB EX PARTE APPLICATION TO ENLARGE TIME TO SERVE COMPLAINT, PROPOSED ORDER FRCP 4, 6(b)

I. Introduction. This is Plaintiff Nicena Molina's ex parte application to enlarge the time to serve the Complaint. II. Facts. The complaint was filed on November 15, 2007 and the 120 days to serve the complaint expires on March 14, 2008. Plaintiff informed this law firm that she wanted a Federal complaint filed in her matter and this law firm complied. However, shortly after this lawsuit was filed, Plaintiff Case No. 07CV2188

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informed this law firm that she had obtained alternate counsel, Deborah Elaine Brady-Davis, whom has also filed a lawsuit on Plaintiff's behalf based on the same set of facts. Plaintiff This

wishes Ms. Brady-Davis to represent her in this matter.

law firm, Plaintiff, and Plaintiff's new counsel signed a substitution of attorney. This law firm has had several conversations, left myriad messages and had other communications with Ms. Brady-Davis to allow her to take over as lead counsel. After these multiple

communications, Ms. Brady-Davis informed this law firm that she was going to file a First Amended complaint, provide notice to the court pursuant to Local Rule 40.1, and send a copy of both to this law firm. In February 2008, Ms. Davis reiterated her As to this law firm's Attorney

intentions as to filing these documents.

knowledge, neither document has been filed to date.

Scott L. Zielinski of this law firm has left multiple messages to ascertain the status of these documents, but to no avail. This law firm's expectation is that the First Amended Complaint should be filed shortly, if it has not already. However, absent documentation that these two documents have been filed, this law firm will move forward and it is expected that service of the Complaint can be accomplished by April 14, 2008. III. Legal Standards. The court in its discretion for cause shown can enlarge the time to serve a complaint [120 days under FRCP 4(m)] without motion if the request is made before the expiration of a time period originally prescribed. FRCP 6(b). Case No. 07CV2188

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IV. Conclusion. Good cause being shown, Plaintiff respectfully requests that the time to serve the complaint be enlarged thirty-one days to April 14, 2008.

Grady and Associates, /s/ DATED: March 11, 2008 By: ______________________ Dennis M. Grady, Esq. Attorney for PLAINTIFF, NICENA MOLINA

ORDER

Good cause being shown, Plaintiff's time to serve the First Amended Complaint shall be enlarged thirty-one days to April 14, 2008. It is so ordered.

_______________________ Napoleon A. Jones U.S. District Judge

Case No. 07CV2188