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

Case 1:03-cv-00446-EGB

Document 149

Filed 03/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LEROY BISHOP, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-446C (Senior Judge Bruggink)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests, pursuant to Rule 6(a) of the Rules of the Court of Federal Claims ("RCFC"), that the Court grant an enlargement of time of 21 days from March 30, 2007 to April 20, 2007, for defendant to prepare and file its reply to plaintiff Craig Chalmers's opposition to defendant's motion for summary judgment in this case. Defendant's reply to Mr.

Chalmers's opposition is due March 30, 2007, and this is our second request for an enlargement of time. The Court previously

granted our unopposed request for a 21-day enlargement of time. Defendant's counsel informed plaintiffs' counsel, Alan Banov, of this motion, and is authorized to state that plaintiffs do not oppose defendant's motion for enlargement of time. Since receipt of Mr. Chalmers's opposition on February 12, 2007, defendant has been preparing its reply brief. However,

defendant's counsel has had to prepare and complete other work that precludes meeting the March 30, 2007 deadline for its reply brief. Defendant's counsel had to prepare and file a motion to

dismiss the amended complaint in L-3 Communications v. United

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States, Fed. Cl. No. 06-396, filed March 27, 2007, and an opposition to a motion to dismiss in Van Cleave v. United States, Fed. Cir. No. 07-5076, filed March 30, 2007. Defendant's counsel

among other things also is preparing the Government's crossmotion and opposition to plaintiff Lindsey Bledsoe's motion for partial summary judgment in Acebal v. United States, Fed. Cl. No. 01-47, which is due on April 2, 2007. Therefore, defendant

requires an additional 21 days to prepare its reply brief, and for its review by attorneys at the Bureau of Prisons and the Department of Justice. Accordingly, defendant respectfully requests that the Court grant this unopposed motion for a 21-day enlargement of time to April 20, 2007, for the Government to prepare and file defendant's reply brief to plaintiff Craig Chalmers's opposition to defendant's motion for summary judgment in this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director

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s/Domenique Kirchner DOMENIQUE KIRCHNER Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 Tele: (202) 307-0290 Attorneys for Defendant Of Counsel: ERIKA TURNER Assistant General Counsel Bureau of Prisons March 30, 2007