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

Case 3:08-cv-00891-JAH-POR

Document 25

Filed 09/08/2008

Page 1 of 2

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

MICHAEL PANCER, ESQ. (SBN: 043602) 105 West F Street, 4th Floor San Diego, CA 92101-6036 Tel: (619) 236-1826 Fax: (619) 233-3221 Attorney for Plaintiff RACHEL SILVA

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

) ) ) ) Plaintiff, ) ) v. ) ) FRANKLIN WHITE, an individual, ) WILLIAM LANDSDOWNE, an individual, ) SAN DIEGO POLICE DEPARTMENT, ) CITY OF SAN DIEGO, and DOES 1 - 20, ) ) Defendant. ) ___________________________________ ) ) CITY OF SAN DIEGO, a Municipal ) Corporation, SAN DIEGO POLICE ) DEPARTMENT, WILLIAM ) LANDSDOWNE, FRANKLIN WHITE, ) ) Third Party Plaintiffs/ ) Cross-Complainants, ) ) v. ) ) RACHEL SILVA, and ROES 1 TO 50, ) inclusive, ) ) Third Party Defendant/ ) Cross-Defendants. ) ___________________________________ )

JOHNNY SILVA, an individual and minor, by and through his guardian ad litem, LUIS SILVA,

Case No. 08 CV 0891 JAH (POR) UNOPPOSED MOTION FOR ENLARGEMENT OF TIME FOR CROSSDEFENDANT TO FILE RESPONSIVE PLEADING

1

Case 3:08-cv-00891-JAH-POR

Document 25

Filed 09/08/2008

Page 2 of 2

1

COMES NOW, RACHEL SILVA, by her attorney of record, Michael Pancer, and requests

2 a fourteen (14) day enlargement of time to file a responsive pleading, and as grounds therefore 3 states as follows: 4 Defendants in this case filed a cross-complaint against third party defendant, Rachel Silva,

5 on July 17, 2008. Cross-Defendant, Rachel Silva, filed a Motion to Dismiss the First Cause of 6 Action on August 11, 2008. Defendants subsequently filed a Notice of Dismissal of the First 7 Cause of Action on August 18, 2008. Because it was technically a Notice instead of a Motion, 8 this Court did not take action on the motion to dismiss the first cause of action in the Defendants' 9 cross-complaint against Rachel Silva. 10 September 8, 2008 is the twentieth day after the Defendants voluntarily dismissed their

11 First Cause of Action. Defendants have agreed to a fourteen day extension of time for Ms. Silva 12 to file a responsive pleading in this case. Wherefore, Cross-Defendant Rachel Silva respectfully 13 requests a 14 day extension of time to permit the filing of a responsive pleading to the cross14 complaint on or before 22 September 2008. 15 16 DATED: September 8, 2008 17 18 19 20 21 22 23 24 25 26 27 28
2

Respectfully submitted,

s/ Michael Pancer ________________________ MICHAEL PANCER Attorney for Defendant RACHEL SILVA 105 West F st. San Diego, CA 92101 (619) 236-1826

Case 3:08-cv-00891-JAH-POR

Document 25-2

Filed 09/08/2008

Page 1 of 1

Case No. 08-CV-0891-JAH-POR Michael Pancer, Esq. 105 W. "F" St., 4th Floor San Diego, CA 92101 Phone: 619-236-1826 Fax: 619-233-3221

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO I am employed in the County of San Diego, State of California. I am a citizen of the United States and am over the age of 18 and not a party to the within action. My business address is 105 W. "F" St., 4th Fl., San Diego, California 92101. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. On September 8, 2008, I served the foregoing document described as "MOTION FOR ENLARGEMENT OF TIME FOR CROSS-DEFENDANT RACHEL SILVA TO FILE RESPONSIVE PLEADING TO THE THIRD PARTY COMPLAINT" in this action by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies the following:

Eugene G Iredale [email protected], [email protected] Donald F Shanahan [email protected], [email protected] I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 8, 2008, at San Diego, California.

/s/ Candy Ruthven Candy Ruthven