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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF OKLAHOMA

 1. NATIONAL ASSOCIATION OF FORENSIC COUNSELORS, INC., a Nevada Non-Profit Corporation, et al., Plaintiffs, vs. 1. NARCONON INTERNATIONAL, a California Non-Profit Corporation, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 6:14-cv-00187-RAW

APPLICATION OF DEFENDANT DAVID MISCAVIGE FOR AUTOMATIC EXTENSION OF TIME TO ANSWER OR PLEAD

Defendant, David Miscavige (“Mr. Miscavige”), by and through his attorneys of record, GableGotwals, having specially appeared and preserved all available defenses, applies to the Court pursuant to Local Rule 7(i) for an Order enlarging the time within which to file a response to Plaintiffs’ Complaint, by an additional fifteen (15) days from October 16, 2014 to and including October 31, 2014. In support of this Application, the Court is advised as follows: 1.

 

Plaintiffs purport to have served Mr. Miscavige by executing substitute service under California Code of Civil Procedure § 415.20 and mailing a copy of the subpoena by first-class, pre-paid postage on September 16, 2014. (Dkt. #375.) According to Plaintiffs’ Affidavit of Service, service on Mr. Miscavige is alleged to have been effective, pursuant to California law, as of September 26, 2014. Assuming service was effective (which is not admitted), a response to the Complaint on behalf of Mr. Miscavige would be due no earlier than October 16, 2014. 2.

 

This is Mr. Miscavige’s first application for an extension of time in this matter.

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2 3.

 

Local Rule 7.1(i) provides that the Court Clerk may grant a first extension of time, not to exceed fifteen (15) days, within which to serve an answer or other responsive pleading to the Complaint. 4.

 

Mr. Miscavige is seeking an extension of time from October 16, 2014, up to and including October 31, 2104, to file a response to the Complaint. 5.

 

This application is made in good faith and not for the purpose of delay, but the additional time is necessary in order for Mr. Miscavige to prepare a response to the Complaint. 6.

 

By filing this Application, Mr. Miscavige states that he preserves all available defenses which he may otherwise plead under Fed. R. Civ. P. 12, including, but not limited to, lack of personal jurisdiction, insufficient service of process, failure to state a claim upon which relief can be granted, and all other applicable defenses which are or may become available to Mr. Miscavige.

WHEREFORE

, premises considered Defendant David Miscavige hereby applies for the relief herein requested and for the Court Clerk to grant Defendant a fifteen (15) day extension of time, to and including October 31, 2014, in which to file a response to the Complaint, as requested above.

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DATED

: October 15, 2014. Respectfully submitted,  /s/David L. Bryant David L. Bryant, OBA No. 1262 dbryant@gablelaw.com David E. Keglovits, OBA No. 14259 dkeglovits@gablelaw.com Amelia A. Fogleman, OBA No. 16221 afogleman@gablelaw.com

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1100 ONEOK Plaza 100 West Fifth Street Tulsa, Oklahoma 74103-4217 (918) 595-4800

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TTORNEYS FOR RELIGIOUS

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ECHNOLOGY

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ENTER

 

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