Case: 14-16858, 02/11/2015, ID: 9418021, DktEntry: 7, Page 1 of 4

No. 14-16858
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
REHAN SHEIKH,
Plaintiff - Appellant,
v.
BRIAN KELLY, SECRETARY, CALIFORNIA
STATE TRANSPORTATION AGENCY; MARK
TWEETY, MANAGER, DEPARTMENT OF
MOTOR VEHICLES,

Defendants - Appellees.

On Appeal from the United States District Court

for the Eastern District of California
No. 2:14-cv-751 GEB AC
The Honorable Garland E. Burrell, Judge
APPELLEES MOTION TO EXTEND
TIME TO FILE ANSWERING BRIEF
KAMALA D. HARRIS
Attorney General of California
ALICIA M. B. FOWLER
Senior Assistant Attorney General
DAVID J. NEILL
Supervising Deputy Attorney General
MATTHEW T. BESMER
Deputy Attorney General
State Bar No. 269138
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: (559) 477-1680
Fax: (559) 445-5106
Email: Matthew.Besmer@doj.ca.gov
Attorneys for Defendants/Appellees

Case: 14-16858, 02/11/2015, ID: 9418021, DktEntry: 7, Page 2 of 4

Appellees Brian Kelly and Mark Tweety respectfully request an

extension of time to file their answering brief under Local Rule 31-2.2(b).
Appellees answering brief was initially due on February 2, 2015. Under
Local Rule 31-2.2(a), they requested a 30-day streamlined extension on
January 12, 2015. The extension was granted and their brief is currently due
on March 2, 2015. Appellees need additional time to prepare their brief as set
forth in the accompanying declaration of Matthew T. Besmer.
Appellees request that the deadline to file their answering brief be
continued to May 1, 2015.
Dated: February 11, 2015

Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
ALICIA M. B. FOWLER
Senior Assistant Attorney General
DAVID J. NEILL
Supervising Deputy Attorney General
/s/ Matthew T. Besmer
MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendants/Appellees

SA2014118327
95130766.doc

Case: 14-16858, 02/11/2015, ID: 9418021, DktEntry: 7, Page 3 of 4

DECLARATION OF MATTHEW T. BESMER

I, Matthew T. Besmer, declare as follows:
1.

I am a Deputy Attorney General in the Office of the California

Attorney General. I am Appellees counsel of record and I am admitted to

practice before this Court. Appellees answering brief is currently due on
March 2, 2015.
2.

Appellees answering brief was first due on February 2, 2015.

3.

I am requesting a 60 day extension of time to file Appellees

answering brief, which would make it due on May 1, 2015.

4.

This extension is necessary due to my case load, and the

requirements of other matters I am handling. Specifically, on January 16,

2015, I filed a motion for summary judgment in an employment law matter.
The reply brief is due on February 18, 2015, with a hearing tentatively
scheduled for February 25, 2015. Over the last month, I have been addressing
discovery issues in a matter that has caused eight days of depositions to be
scheduled in February 2015. I anticipate my schedule in March will be
similarly impacted with multiple days of depositions, a discovery conference,
a settlement conference, and a response due to a new employment law
complaint.
5.

Ever since receiving the pro per Appellants opening brief on

January 2, 2015, I have been diligently reviewing and analyzing the brief and

Case: 14-16858, 02/11/2015, ID: 9418021, DktEntry: 7, Page 4 of 4

preparing an answer thereto. I have conducted legal research on the issues

raised by Appellant, and I have begun drafting the brief. I need additional
time, however, to properly address the issues Appellant has raised.
6.

On February 10, 2015, I called pro per Appellant Rehan Sheikh

and left a voice mail message for him to call me. I also sent him an e-mail the
same day. As of this filing, Mr. Sheikh has not returned my call or responded
to my e-mail.
7.

As far as I know, the court reporter is not in default with regard

to any designated transcripts.

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed the 11th day of February 2015, at Fresno, California.

/s/ Matthew T. Besmer

_________________________________
MATTHEW T. BESMER