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

Case 1:07-cv-00886-ECH

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Filed 02/20/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WILLIAM J. SALERA, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-886C (Judge Hewitt)

MOTION FOR LEAVE TO FILE ANSWER OUT OF TIME Defendant respectfully requests leave of the Court to file the attached answer out of time. 19, 2008. This is one of 15 cases filed in the past year involving virtually identical complaints filed on behalf of various Drug Enforcement Administration diversion investigators, asserting claims under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. Due to an oversight, the deadline for the answer in this The answer was due on February

case was not correctly recorded on Government counsel's calendar. Government counsel became aware of this oversight one day after the deadline, on February 20, 2008. The granting of leave to file the attached answer out of time will not cause any prejudice. The allegations contained in

the complaint are substantially the same as those contained in numerous earlier complaints filed by counsel for plaintiffs in this case. And, the Government's response to the complaint in

this case is substantially the same as its response to the earlier complaints. For the foregoing reasons, we respectfully request that our motion for leave to file our answer out of time be granted.

Case 1:07-cv-00886-ECH

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Filed 02/20/2008

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Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

Filed Electronically

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-8275 Fax: (202) 305-7643 Attorneys for Defendant

February 20, 2008

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Case 1:07-cv-00886-ECH

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Filed 02/20/2008

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CERTIFICATE OF FILING I hereby certify that on the 20th day of February 2008, a copy of the foregoing MOTION FOR LEAVE TO FILE ANSWER OUT 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. the Court's system. Parties may access this filing through

s/Shalom Brilliant