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

Case 1:91-cv-00984-EGB

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Filed 03/05/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MANKE LUMBER CO. et al. (MT. ADAMS VENEER CO.), Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

Consolidated under lead case No. 589-87C (No. 91-984C) (Judge Bruggink)

DEFENDANT'S CONSENT MOTION FOR AN ENLARGEMENT OF TIME Defendant, pursuant to Rules 6(b) and 6.1, respectfully requests that the Court enlarge by twenty-three days, to and including April 2, 2004, the time for filing our reply brief in this case, Mt. Adams Veneer Co. v. United States , No. 91-984C. Our reply is presently due by March 10, 2004. This is our second

request for an enlargement of time for this purpose, one thirtyday extension having been previously granted. Undersigned

counsel has discussed this request with counsel for plaintiffs, who consents to it. Since obtaining our initial extension, undersigned counsel fell ill (with acute bronchitis) and was out of the office the week of February 9 through 13. After returning to work on

February 17, counsel has been required, among other things: to confer with opposing counsel and develop a joint proposed plan for discovery for filing by February 21 in United Pacific Insurance Co. v. United States , No. 01-359C (Fed. Cl.);

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Case 1:91-cv-00984-EGB

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to participate in conference calls with Office of Personnel Management officials concerning Caraballo v. United States , No. 1997/27 (D.V.I.); and to prepare an internal memorandum for the Assistant Attorney General, Civil Division, seeking to resolve an inter-agency dispute over the reemployment rights claims of twelve current and former military service members under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq. Counsel spent a substantial amount

of time over the last two weeks working on that memorandum, completing it on Friday, March 5. After reviewing Mt. Adams' opposition to our summary judgment motion and the Declaration of Paul Ehinger, Mt. Adams' expert, counsel has decided it is necessary to meet with Forest Service personnel before drafting our reply brief. We have

scheduled a meeting in Olympia, Washington, during the week of March 15-19. Counsel will be traveling to Washington State on

Monday, March 15, and returning on Thursday, March 18. Under the circumstances, we need additional time to prepare our reply brief. Undersigned counsel presently expects that an

extension of twenty-three days, until April 2, 2004, will allow sufficient time for the preparation, review, and filing of our reply. For the foregoing reasons, defendant respectfully requests that its motion be granted and that the time for the filing of our reply be enlarged by twenty-three days, until April 2, 2004. Respectfully submitted, - 2 -

Case 1:91-cv-00984-EGB

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PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/John W. Showalter/by R. Nockett JOHN W. SHOWALTER Assistant Director

s/Richard P. Nockett RICHARD P. NOCKETT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., N.W. (8th Floor) Washington, D.C. 20530 Tele: (202) 307-1134 Facsimile: (202) 307-0494 Attorneys for Defendant March 5, 2004

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 5th day of March 2004 I caused copies of the foregoing

"DEFENDANT'S CONSENT MOTION FOR AN ENLARGEMENT OF TIME" to be served upon the following individuals electronically and also by United States mail (first-class, postage prepaid):

DENNIS J. DUNPHY, Esq. Schwabe, Williamson & Wyatt 1420 Fifth Avenue, Suite 3010 Seattle, Washington 98101 STEVEN A. MILLER, Esq. Schwabe, Williamson & Wyatt 1420 Fifth Avenue, Suite 3010 Seattle, Washington 98101

s/Dorelle Gray

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