Free Motion for Extension of Time to File Response/Reply - District Court of California - California

Case 3:08-cv-00511-DMS-BLM

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Filed 04/18/2008

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KAREN P. HEWITT United States Attorney RAVEN M. NORRIS Assistant U.S. Attorney California State Bar No. 232868 CAROLINE J. CLARK Assistant U.S. Attorney California State Bar. No. 220000 U.S. Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7157/7491 Facismile: (619)557-5004 Attorneys for the Respondents

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) MICHAEL CHERTOFF, et al., ) ) Respondents. ) ) ___________________________________ ) SUIHUAN CAO, Civil No. 08CV0511-DMS (BLM) JOINT MOTION FOR RE-SETTING OF BRIEFING SCHEDULE [Fed. R. Civ. P. 6(b)(1)]

COME NOW THE PARTIES, Petitioner SUIHUAN CAO by and through counsel, Janet Tung, and Respondents MICHAEL CHERTOFF, et al., by and through their counsel, Karen P. Hewitt, United States Attorney, and Raven M. Norris, Assistant United States Attorney, and hereby jointly move the Court to extend the time for filing of Respondents' responsive pleading. In order to address Petitioner's claims and without waiving Respondents' rights to defend the causes of actions and allegations, including the right to file any FED. R. CIV. P. 12 motions to dismiss, the parties jointly request this extension of time. Based upon the foregoing, it is respectfully requested that the Court enter an order, under FED. R. CIV. P. 6(b)(1), re-setting the deadline for filing the Return be re-set to April 28, 2008. Counsel has agreed that the traverse will remain due on May 19, 2008. /// ///

Case 3:08-cv-00511-DMS-BLM

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Filed 04/18/2008

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Dated: April 18, 2008

Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Raven M. Norris RAVEN M. NORRIS Assistant U.S. Attorney Attorneys for Respondents

Dated: April 18, 2008 7 8 9

s/ Janet Tung JANET TUNG Attorney for Petitioner E-Mail: [email protected]

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures 10 of the United States District Court for the Southern District of California, I certify that the content of 11 this document is acceptable to counsel for the Petitioner and that I have obtained authorization from 12 Janet Tung to affix her electronic signature to this document. 13 14 DATED: April 18, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 s/ Raven M. Norris RAVEN M. NORRIS Assistant United States Attorney Attorneys for Respondents Email: [email protected] KAREN P. HEWITT United States Attorney

08cv0511

Case 3:08-cv-00511-DMS-BLM

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Filed 04/18/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, v. ) ) MICHAEL CHERTOFF, Secretary of the) Department of Homeland Security, et al., ) ) ) Respondents. _____________________________________ ) IT IS HEREBY CERTIFIED THAT: I, Raven M. Norris, 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. I am not a party to the above-entitled action. I have caused service of the Government's Opposition on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. Janet Tung, Esq. SUIHUAN CAO, Case No. 08cv0511 DMS (BLM) CERTIFICATE OF SERVICE

14 15 16 17 18 I declare under penalty of perjury that the foregoing is true and correct. 19 Executed on April 18, 2008 20 21 22 23 24 25 26 27 28 3 s/ Raven M. Norris RAVEN M. NORRIS I hereby certify that I have caused to be mailed the foregoing, by the United States Postal Service, to the following non-ECF participants on this case: None the last known address, at which place there is delivery service of mail from the United States Postal Service.

08cv0511