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

Case 1:07-cv-00776-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) ) and ) ) HCR MANOR CARE, INC. ) and Affiliated Subsidiaries, ) ) and ) ) MANOR CARE OF AMERICA, INC. ) and Affiliated Subsidiaries, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

MANOR CARE, INC. (F/K/A/ HCR MANOR CARE, INC.) and Affiliated Subsidiaries,

No. 07-776 T
The Honorable Lawrence M. Baskir

JOINT MOTION FOR ENLARGEMENT OF TIME The parties jointly move the Court to enlarge the time within which they must file the Joint Preliminary Status Report by 60 days, from March 24, 2008, to and including May 23, 2008. This is the first enlargement requested for this purpose.

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As good cause therefor, the parties state: 1. The Complaint herein was filed on November 5, 2007.

Defendant timely filed its answer on February 1, 2008 pursuant to the Court's allowance of a 30-day extension of time in which to file. 2. On February 26, 2008, counsel for the parties met to discuss

the status of the case, procedural issues, and the possibility of settlement. This discussion included a possible methodology for settlement, which the parties are considering. 3. As of this date, there has been no determination as to the

possibility of settlement, and the prior discussions remain under consideration. 4. In addition to the foregoing, counsel for Plaintiffs recently

decided to leave the private practice of law in favor of an in-house corporate position. This decision has been brought to the attention of counsel for Defendant, and will require the substitution of counsel for Plaintiffs in this case. 5. Counsel for Plaintiffs represents to the Court that he has begun

the process of assisting Plaintiffs in the identification of substitute counsel, and is awaiting the final determination of Plaintiffs as to the new counsel. Counsel for Plaintiffs further represents to the Court that he anticipates that -2-

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this process will be completed, and an entry of appearance by new counsel, should be completed within 14 days. 6. Accordingly, the time requested herein is necessary for

plaintiffs to secure substitute counsel, and to permit that new counsel to review the case in order that he might properly represent plaintiffs herein.

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Respectfully submitted, s/ Robert T. Carney ROBERT T. CARNEY Attorney of Record O'MELVENY & MYERS, LLP 1625 I St., N.W. Washington, D.C. 20006 Telephone (202) 383-531 Attorney for Plaintiffs

s/ W. C. Rapp W. C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Phone: (202) 307-0503 Fax: (202) 514-9440 [email protected] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer s/ G. Robson Stewart Of Counsel Attorneys for Defendant

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