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

Case 1:08-cv-00003-SGB

Document 12

Filed 06/02/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) v. ) No. 08-CV-0003 ) THE UNITED STATES ) Defendants ) ) _________________________________________________________________________ PLAINTIFF'S MOTION FOR AN ENLARGEMENT OF TIME Plaintiff, Kenney Orthopedic, LLC, respectfully requests an enlargement of time of 30 days, to and including July 2, 2008, within which to file its response to Defendant's Motion for Partial Dismissal [DE #10]. In support, Plaintiff states that Plaintiff's counsel has been on FMLA leave associated with the hospitalization of his wife on May 9, 2008, followed immediately by the personal illness of Plaintiff's counsel that resulted in his absence from the office for a two week period. As a result of his absence from the office and his being required to care for his wife, the undersigned has not been able to adequately prepare a response to Defendant's Motion. This is Plaintiff's first request for an enlargement of time in this matter and is not being done for any improper purpose or designed to needlessly delay these proceedings. WHEREFORE, for these reasons, Plaintiff respectfully requests that the Court grant its Motion for a 30-day enlargement of time within which to file its Response to Defendant's Motion for Partial Dismissal [DE # 10].

KENNEY ORTHOPEDIC, LLC, Plaintiff

Case 1:08-cv-00003-SGB

Document 12

Filed 06/02/2008

Page 2 of 2

MORRIS & MORRIS, P.S.C. /s/ James M. Morris James M. Morris (Ky. 85709; Oh. 0076161) 217 North Upper Street P. O. Box 394 Lexington, Kentucky 40588-0394 Telephone: (859) 281-6981 Facsimile: (859) 233-7876 ATTORNEY FOR PLAINTIFF By: CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing was filed electronically on this the 2 nd day of June, 2008. Pursuant to the Rules of the United States Court of Federal Claims, service of this filing upon the following counsel of record will be made by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. The following parties may access the filing through the Court's electronic filing system: Jeffrey S. Bucholtz, Esq. Jeanne E. Davidson Martin F. Hockey, Jr., Esq. Jane C. Dempsey, Esq. Commercial Litigation Branch, Civil Division Department of Justice Attn: Classification Unit 8 th Floor 1100 L. St., NW Washington, D.C. 20530 ATTORNEYS FOR DEFENDANT /s/ James M. Morris A TTORNEY FOR PLAINTIFF
M:\EMPLOY\KENNEY\Enlargement.Motion.wpd