Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:01-cv-00358-LB

Document 89

Filed 11/20/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-358 T Judge Lawrence J. Block

JEFFREY T. SCUTERI, Plaintiff, v. THE UNITED STATES, Defendant.

MOTION OF THE UNITED STATES FOR ENLARGEMENT OF TIME

The United States respectfully moves the Court for an enlargement of time of 9 days, from November 21, 2006, to and including November 30, 2006, within which to file its reply in support of its supplement to its motion to dismiss. This is the first enlargement requested for this purpose. Plaintiff's counsel has advised that plaintiff has no objection to the enlargement of time. In support of this motion, defendant submits the following: 1. On October 3, 2006, the Court granted defendant's motion for leave to file

a supplement to its motion to dismiss. On October 12, 2006, the Court filed a scheduling order, permitting plaintiff to file by Monday, October 30, 2006, a response to defendant's supplement, and defendant to file by Tuesday, November 14, 2006, a reply to any such response. 2. On October 30, 2006, plaintiff moved for an enlargement of time of 7 days, until

November 6, 2006, within which to file his response. The Court granted the motion on

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Case 1:01-cv-00358-LB

Document 89

Filed 11/20/2006

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November 2, 2006, ordering plaintiff to file his response by Monday, November 6, 2006, and defendant to file its reply by Tuesday, November 21, 2006. 3. On Monday, November 13, 2006, plaintiff submitted his response seven

days late, attached to a motion for leave to file the response out of time. The Court granted plaintiff's motion on Wednesday, November 15, 2006, deeming the submitted response to have been filed along with the motion two days earlier. 4. For replying to plaintiff's response, defendant requests the amount of time

originally contemplated in the Court's orders of October 12 and November 2, 2006 - 15 days from filing of plaintiff's response - plus 2 days in consideration of the Thanksgiving day holidays, which fall within that 15 day period. Accordingly, the United States respectfully requests an enlargement of time of 9 days, from November 21, 2006, to and including November 30, 2006, within which to file its reply.

Respectfully submitted, s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section -2-

Case 1:01-cv-00358-LB

Document 89

Filed 11/20/2006

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STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section s/Steven I. Frahm Of Counsel November 20, 2006

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