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

Case 1:01-cv-00344-LB

Document 118

Filed 11/20/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-344 T Judge Lawrence J. Block

ROBERT J. ISLER and SUSAN L. ISLER, Plaintiffs, 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. Plaintiffs' counsel has advised that plaintiffs have 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 plaintiffs 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, plaintiffs moved for an enlargement of time of 7 days, until

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

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Case 1:01-cv-00344-LB

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

days late, attached to a motion for leave to file the response out of time. The Court granted plaintiffs' 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 plaintiffs' 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 plaintiffs' 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-00344-LB

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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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