Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:08-cv-00198-LMB

Document 19

Filed 07/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) BAY PLAZA PROPERTIES, LLC, et al., ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ________________________________ )

Hon. Lawrence M. Baskir

No. 08-198

UNOPPOSED MOTION FOR LEAVE TO FILE AN UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE THE PARTIES' JOINT PRELIMINARY STATUS REPORT UNAVOIDABLY CLOSE TO ITS DUE DATE ____________________________________________________________ Pursuant to Paragraph 7 of this Court's Special Procedures Order, Defendant respectfully requests leave to file an Unopposed Motion for Enlargement of Time to File the Parties' Joint Preliminary Status Report unavoidably close to the due date of that document. Defendant apologizes to the Court for the closeness of this request to the current due date of the JPSR, July 14. This situation arose because, on July 11, Defendant provided Plaintiffs with a draft JPSR it believed to have been prepared for this matter. In fact, the draft JPSR sent to Plaintiffs was prepared for another case. Plaintiffs prepared a JPSR for this matter and provided it to Defendant on the morning of July 14. After receiving the

Case 1:08-cv-00198-LMB

Document 19

Filed 07/14/2008

Page 2 of 2

draft JPSR from Plaintiffs the morning of July 14, Defendant only became aware on the afternoon of July 14 that it would be unable to coordinate its internal position on this JPSR prior to the currently-scheduled due date. Counsel for Defendant has contacted Counsel for Plaintiffs who have indicated that Plaintiffs do not oppose this motion. WHEREFORE Defendant respectfully requests leave to file an Unopposed Motion for Enlargement of Time to File the Parties' Joint Preliminary Status Report unavoidably close to the due date of that document.

Respectfully submitted this 14th day of July 2008, RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division

s/ Mark T. Romley Mark T. Romley Trial Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0506 Counsel for the Defendant.

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