Becker v. United States Attorneys, et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2011 DENYING plaintiff's 6 Motion to Compel defendant to Answer w/in 30 days as MOOT. (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DENNLY R. BECKER,
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Plaintiff,
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No. CIV S-11-1491 KJM EFB PS
vs.
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EXECUTIVE OFFICE FOR UNITED
STATES ATTORNEYS, UNITED
STATES DEPARTMENT OF JUSTICE,
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ORDER
Defendant.
/
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On June 2, 2011, plaintiff filed a complaint under the Freedom of Information Act
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(“FOIA”), 5 U.S.C. § 552, and paid the filing fee. Dckt. No. 1. Thereafter, the Clerk of Court
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issued a summons directing defendant to serve an answer to plaintiff’s complaint within 60 days
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of service of that summons. Dckt. No. 3.
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On June 6, 2011, plaintiff filed a motion to compel defendant to serve an answer within
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thirty days, as required by 5 U.S.C. § 552(a)(4)(C). Section 552(a)(4)(C) provides that
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“Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise
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plead to any complaint made under this subsection within thirty days after service upon the
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defendant of the pleading in which such complaint is made, unless the court otherwise directs for
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good cause shown.” Therefore, plaintiff is correct that defendant is required to serve an answer
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or other response to plaintiff’s complaint within thirty days after service, not sixty days as
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indicated in the summons.
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However, on June 21, 2011, defendant filed a notice of appearance for defendant, the
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United States Department of Justice, indicating that defendant will appear within 30 days of
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receipt of the summons and complaint, or by July 6, 2011. Dckt. No. 8. In light of that
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representation, plaintiff’s motion to compel defendant to answer within thirty days, Dckt. No. 6,
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is denied as moot.
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SO ORDERED.
DATED: June 21, 2011.
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