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(PS) Boyer et al v. Armstrong et al Doc.

Case 2:05-cv-00752-GEB-PAN Document 8 Filed 04/26/2005 Page 1 of 2

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11

12 BARBARA MAY BOYER, DONNA JEAN


ROWE-WILLIS, TROY “J” WILLIS,
13 CIV S-05-0752 DFL PAN PS
Plaintiffs,
14
v. ORDER
15
ANGELA Y. ARMSTRONG, in her
16 private capacity, CHRIS LEWIS, in
his private capacity, R. STEVEN
17 LAPHAM, in his private capacity,
et al.,
18
Defendants.
19

20 —NFN—

21 Defendants, pursuant to ex parte application, seek an

22 extension of time until May 31, 2005, to respond to plaintiffs’

23 amended complaint. On April 18, 2005, four days after service of

24 the amended complaint, defendants filed a petition for removal of

25 this case from the San Joaquin Superior Court. Defendants are

26 employees of the United States who assert their alleged

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Case 2:05-cv-00752-GEB-PAN Document 8 Filed 04/26/2005 Page 2 of 2

1 misconduct occurred during the performance of their duties.

2 Assistant United States Attorney Deborah Luther, who is out-of

3 state until May 3, has been assigned their defense.

4 Defendants note that under Fed. R. Civ. P. 81(c) they are

5 required to file a response to the amended complaint within five

6 days of removal, or by April 23.1 However, enlargement of time

7 is permitted for cause shown upon a request made before

8 expiration of the deadline, as defendants have shown and made

9 here. Fed. R. Civ. P. 6(b).

10 Accordingly, defendants’ request for an extension of time

11 until May 31, 2005, to prepare and file defendants’ response to

12 plaintiffs’ amended complaint is hereby granted.

13 So ordered.

14 Dated: April 26, 2005.

15
/s/ Peter A. Nowinski
PETER A. NOWINSKI
16
Magistrate Judge
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1
Fed. R. Civ. P. 81(c) provides in pertinent part: “In a removed
23 action in which the defendant has not answered, the defendant shall answer or
present the other defenses or objections available under these rules within 20
24 days after the receipt through service or otherwise of a copy of the initial
pleading setting forth the claim for relief upon which the action or
25 proceeding is based, or within 20 days after the service of summons upon such
initial pleading, then filed, or within 5 days after the filing of the
26 petition for removal, whichever period is longest.”