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

Case 1:07-cv-00828-NBF

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

LOURDES HYDE, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) )

No. 07-828C (Judge Firestone)

DEFENDANT'S MOTION FOR 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 14-day enlargement of time, to and including July 17, 2008, within which to file the administrative record in this action. 2008. The record is currently due on July 3,

Defendant has previously requested three enlargements of The undersigned has

time totaling 65-days for this purpose.

contacted plaintiff's counsel to request consent, but had not yet received a response at the time of his filing this motion. This enlargement is requested to allow the parties to continue to determine if resolution of this matter can be achieved through settlement, thereby relieving the parties and the Court of the burdens and expenses associated with continuing to litigate this matter. settlement discussions. The parties are still engaged in If these discussions are fruitful, this

case may be voluntarily dismissed and the filing of an

Case 1:07-cv-00828-NBF

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administrative record would not be necessary.

We regret the

long duration of the settlement process and we apologize to the Court for not resolving this matter in the time periods in which we previously believed possible. However, the settlement being

discussed by the parties required input by various officials within the government. The Department of Justice recently

received a required recommendation from the Navy and, thus, the process continues to move forward. resolution in the near future. We, therefore, anticipate a

Accordingly, it is in the

interest of the Court and all parties to allow these internal procedures to continue in order to secure an outcome to this case that is just, speedy, and inexpensive. We expect that a

14-day extension of time, to and including July 17, 2008, will result in the most efficient use of the Court's and the parties' resources. We respectfully request also that the remaining

dates on the schedule similarly be extended by 14 days. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director

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/s/ David S. Silverbrand DAVID S. SILVERBRAND Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 305-3278 July 3, 2008 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 3rd day of July, 2008, a copy of the foregoing 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. access this filing through the Court's system. Parties may

s/ DAVID S. SILVERBRAND