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

Case 1:00-cv-00641-LJB

Document 35

Filed 01/12/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) STEPHEN BOYER, et al., ) Plaintiffs, ) Case No. 00-641C ) (Judge Lynn J. Bush) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) DEFENDANT'S UNOPPOSED MOTION TO ENLARGE Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully request a 45-day enlargement of time, to and including February 26, 2007, within which the parties may file their dispositive motions. The parties' dispositive motions are currently due on January 12, 2007. There have been seven prior requests for an enlargement of time for this purpose. Counsel for plaintiffs has indicated that plaintiffs are not opposed to this motion. The government requests this enlargement to allow time for review within the Department of Justice of a settlement proposed by plaintiffs. On May 23, 2006, Government counsel submitted plaintiffs' settlement offer for review within the Department of Justice, together with the necessary memorandum concerning the proposal. This review has not yet been completed. For the foregoing reasons, the parties respectfully request that this motion for an enlargement of time be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:00-cv-00641-LJB

Document 35

Filed 01/12/2007

Page 2 of 2

/s/ David M. Cohen DAVID M. COHEN Director /s/ Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-7561 Fax: (202) 305-7643 OF COUNSEL: Michael J. Dierberg Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attorneys for Defendant Dated: January 12, 2007

-2-