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

Case 1:08-cv-00063-GWM

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Filed 03/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THOMAS STINE, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-63 C (Judge G. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims (RCFC), Defendant, the United States, respectfully requests a 60-day enlargement of time, to and including May 16, 2008, within which to file its response to the complaint. Our response is currently due on March 30, 2008, and this is defendant's first request for an enlargement of time for this purpose. In a electronic mail message, Mr. Stine's counsel authorized counsel to state the Mr. Stine does not oppose the Court's granting this request. At this time, the Government has no basis upon which to respond to the allegations in the complaint, in which Mr. Stine alleges that he was improperly separated form the Navy and is entitled to disability compensation. Upon receipt of the complaint, counsel contacted the cognizant Navy counsel and requested the relevant administrative records. The Navy has ordered Mr. Stine's Board of

Case 1:08-cv-00063-GWM

Document 5

Filed 03/18/2008

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Corrections for Naval Records (BCNR) file, his Official Military Personnel File (OMPF), his Physical Examination Board (PEB) file, and Service Medical Records, and his records maintained by the Department of Veteran's Affairs. Different offices must locate and copy the requested records. Based upon the experience of Navy counsel, assembling Mr. Stine's records will require at least 30 days. The additional time is necessary to allow sufficient time for Government counsel to review the administrative record, to provide plaintiff's counsel copies of the relevant records, and to prepare the Government's response to the complaint. For the foregoing reasons, the Government respectfully requests that the Court grant this unopposed motion for an enlargement of time, to and including May 16, 2008, within which for the Government to file its response to the complaint.

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Case 1:08-cv-00063-GWM

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Respectfully submitted,

OF COUNSEL: LCDR Marc S. Brewen JAGC, USN Office of the Judge Advocate General JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

Kirk T. Manhardt Assistant Director

/s/ John. S. Groat JOHN S. GROAT Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-8260 Fax: (202) 514-7965 [email protected] Attorneys for Defendant March 18, 2008

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Case 1:08-cv-00063-GWM

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CERTIFICATE OF FILING I hereby certify that on the 18th day of March, 2008, a copy of the foregoing DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME 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/John S. Groat