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

Case 1:07-cv-00756-CCM

Document 13

Filed 07/03/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SUSAN L. McCARRON, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-756C (Judge Miller)

JOINT MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), the parties respectfully request a 28-day enlargement of time, to and including August 4, 2008, for defendant, the United States, to file a response to the complaint. The response to the complaint is currently due July 7, 2008. This is the parties' first request for an enlargement of time since the Court issued an order granting defendant's motion to dismiss Count I of the complaint. On June 20, 2008, the Court granted the Government's motion to dismiss Count I of the complaint and re-set the deadline for the Government to respond to Count II of the complaint to July 7, 2008. Count II of the complaint alleges that the Government erroneously and improperly attempted to collect an overpayment in salary in violation of 5 U.S.C. § 5514. The parties are currently engaged in settlement negotiations which they believe may resolve the remaining claim in this case without the need for further litigation. Additional time is needed to continue these discussions. For the foregoing reasons, the parties respectfully request that the Court grant this motion for an enlargement of time by 28-days, to and including August 4, 2008, within which defendant may file an answer to Count II of the complaint.

Case 1:07-cv-00756-CCM

Document 13

Filed 07/03/2008

Page 2 of 3

Respectfully submitted, s/Lawrence A. Berger LAWRENCE A. BERGER Mahon and Berger, Esqs. 21 Glen Street Glen Cove, New York 11542 Tel: (516) 671-2688 Fax: (516) 671-1148 GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Donald E. Kinner DONALD E. KINNER Assistant Director s/ Dawn E. Goodman DAWN E. GOODMAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tel: (202) 616-1067 Fax: (202) 514-8624 July 3, 2008 Attorneys for Defendant

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Case 1:07-cv-00756-CCM

Document 13

Filed 07/03/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 3rd day of July, 2008, a copy of the foregoing "JOINT 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/ Dawn E. Goodman DAWN E. GOODMAN