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

Case 1:07-cv-00780-EJD

Document 11

Filed 05/01/2008

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

No. 07-780C (Chief Judge Damich)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 21-day extension of time, to and including May 26, 2008, to respond to the amended complaint filed by plaintiff, William Havens. Our response to the amended complaint currently is due on May 5, 2008. We previously requested two extensions of time to allow the plaintiff time to file the amended complaint. This is our second request for an enlargement of time since the plaintiff filed the amended complaint. Counsel for the parties have discussed this motion and its request for relief, and plaintiff's counsel has represented that plaintiff does not oppose this request. The requested enlargement is necessary because, although we understand that the agency has collected the administrative record, there appears to be a delivery problem and defendant's counsel has not yet received it. We anticipate that the additional 21 days will provide sufficient time for defendant to locate and to file the administrative record and to respond appropriately to the amended complaint by answer or motion.

Case 1:07-cv-00780-EJD

Document 11

Filed 05/01/2008

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For the foregoing reasons, we respectfully request that the Court grant this unopposed motion for a 21-day enlargement of time, to and including May 5, 2008, for the United States to respond to the amended complaint. Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director

OF COUNSEL STEPHEN C. REYES Lieutenant Judge Advocate General's Corps United States Navy Office of the Judge Advocate General General Litigation Division (Code 14) 1322 Patterson Avenue, S.E., Suite 3000 Washington Navy Yard, D.C. 20374-5066 May 1, 2008

s/Douglas G. Edelschick DOUGLAS G. EDELSCHICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L. Street, N.W. Washington, DC 20530 Tel: (202) 353-9303 Attorneys for Defendant

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Case 1:07-cv-00780-EJD

Document 11

Filed 05/01/2008

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CERTIFICATE OF SERVICE I hereby certify that on May 1, 2008, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR 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/Douglas G. Edelschick

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