Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:01-cv-00358-LB

Document 88

Filed 11/13/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JEFFREY T. SCUTERI, PLAINTIFF v.

UNITED STATES OF AMERICA, DEFENDANT

§ § § § § § § § § §

Cause No. 01-358 T Judge Block

PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE RESPONSE TO UNITED STATES' SUPPLEMENT TO MOTION TO DISMISS

Plaintiff Jeffrey T. Scuteri moves for leave to file his response to the United States' supplement to its motion to dismiss and for cause would show as follows: Plaintiffs' response was due to be filed November 10, 2006. The Court has granted one prior motion to enlarge the time for filing this response to November 6, 2006, but not ruled on a second motion to enlarge the time for filing until November 10, 2006. The delay in filing this response has been due to counsel's illness and illness in counsel's family that has kept counsel out of the office for an extended time. Counsel for the United States has represented to counsel for Plaintiff that the United States is unopposed to the granting of this motion.

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Case 1:01-cv-00358-LB

Document 88

Filed 11/13/2006

Page 2 of 2

WHEREFORE, Plaintiff respectfully requests leave to file the attached response to the United States' motion to dismiss his §6621(c) claims and prays that the Court grant this motion. Respectfully submitted,

/s/Thomas E. Redding Thomas E. Redding, Attorney of Record Teresa J. Womack Sallie W. Gladney REDDING & ASSOCIATES, P.C. 2914 W. T.C. Jester Houston, Texas 77018 (713) 965-9244 / (713) 621-5227 Fax ATTORNEYS FOR PLAINTIFFS

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