Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:00-cv-00074-EJD

Document 57

Filed 05/09/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS R.P. RICHARDS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 00-74C (Chief Judge Damich)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests that the Court grant an enlargement of time of 61 days, from May 9, 2003, through and including July 9, 2003, for the parties to file a joint status report. This is defendant's first

request for an enlargement of time to file the above-referenced status report. Plaintiff's counsel has not yet returned

undersigned counsel's telephone call to discuss this motion. This action has been designated as an Electronic Court Filing ("ECF") case. Sean Brew. The attorney of record for plaintiff is

Undersigned counsel has been advised that Mr. Brew It is the

has left The Corona Firm, where he had been employed.

understanding of undersigned counsel that Richard D. Corona, also of The Corona Firm, will be acting as attorney of record for plaintiff in this case. Therefore, we have been communicating

with Mr. Corona regarding this matter. To the best of our knowledge, Mr. Corona has not yet entered his notice of appearance as attorney of record in this matter.

Case 1:00-cv-00074-EJD

Document 57

Filed 05/09/2003

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Consequently, rather than electronically filing a joint status report containing the signature of an attorney other than the attorney of record, we believe it is appropriate to seek an enlargement of time to file the status report so that the appropriate appearance can be entered. Further, this case is in the settlement phase. Plaintiff

previously submitted a written settlement offer to the Department of Justice. The required memorandum regarding the proposed

settlement has now been approved by the appropriate settlement authority within the Department of Justice and the settlement agreement is being drafted. The requested enlargement will

provide the parties with additional time to complete and execute the settlement agreement. CONCLUSION For the foregoing reasons, we respectfully request that the Court grant defendant's motion for an enlargement of time for the parties to file their joint status report. Respectfully submitted, ROBERT D. MCCALLUM, JR. Assistant Attorney General DAVID M. COHEN Director

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Case 1:00-cv-00074-EJD

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s/Todd M. Hughes TODD M. HUGHES Assistant Director s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20005 Tele: (202) 305-7788 Fax: (202) 305-3291 email: [email protected] Attorneys for Defendant Dated: May 9, 2003

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Case 1:00-cv-00074-EJD

Document 57

Filed 05/09/2003

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Certificate of Filing I hereby certify that on May 9, 2003, a copy of foregoing DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. /s/Richard P. Schroeder