Parker v. United States Department of Justice, et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/16/11 ORDERING that dfts' 29 Request is GRANTED; dfts shall file the dismissal and summary judgment motion by 06/29/11. (Benson, A.)
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BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL #66194
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2760
Attorneys for Defendant,
UNITED STATES DEPARTMENT OF JUSTICE
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD WAYNE PARKER,
Plaintiff,
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DEFENDANT'S CONSENSUAL
EX PARTE APPLICATION TO
EXTEND TIME TO FILE
MOTION
v.
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No. 2:10-cv-65-MCE-EFB
UNITED STATES DEPARTMENT OF
JUSTICE - OFFICE OF INFORMATION
AND PRIVACY, FEDERAL BUREAU OF
INVESTIGATION, DRUG
ENFORCEMENT ADMINISTRATION,
Defendants.
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The United States Department of Justice, defendant, under LR 144(c), applies ex parte
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for a two-week extension of its time to file its dismissal and summary judgment motion, from
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June 15, 2011, set by Order filed February 15, 2011, until June 29, 2011. The reason is that
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the expected declaration from one of the components has not been received. As is shown by
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the declaration below, plaintiff has consented to this extension.
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Dated: June 14, 2011
BENJAMIN B. WAGNER
United States Attorney
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By:
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/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant U. S. Attorney
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DECLARATION OF YOSHINORI H. T. HIMEL
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YOSHINORI H. T. HIMEL declares under 28 U.S.C. 1746(2):
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1. I am an Assistant United States Attorney in the office of the United States Attorney
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for the Eastern District of California, and am assigned the above-captioned case.
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2. I plan to move for dismissal of the defendant Department of Justice components for
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lack of subject matter jurisdiction; summary judgment on plaintiff's FOIA request to the
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Federal Bureau of Investigation; and summary judgment on plaintiff's FOIA request to the
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Drug Enforcement Administration.
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3. The motion requires declarations from the FBI and the DEA. One of those has
unexpectedly failed to complete its declaration.
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4. On June 14, 2011, Pamela Beauvais of this office spoke with plaintiff to find out his
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position on the requested extension. He consented to the extension if I would consent to
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extend his time to oppose the motion if he is locked down. By letter dated June 14, 2011, I
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expressed my consent. A copy of the letter is attached.
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I declare under penalty of perjury that the foregoing is true and correct. Executed on
June 14, 2011.
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/s/ YHimel
YOSHINORI H. T. HIMEL
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ORDER
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It is APPROVED and SO ORDERED. Defendants’ request for a two-week extension
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of its time to file its dismissal and summary judgment motion is granted and the motion shall
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be filed not later than June 29, 2011.
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DATED: June 16, 2011.
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Page 2
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