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

Case 1:07-cv-00706-FMA

Document 14

Filed 05/01/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 07-706 T (Judge Francis M. Allegra)

PRINCIPAL LIFE INSURANCE COMPANY AND PRINCIPAL FINANCIAL GROUP, INC., Plaintiffs, v. THE UNITED STATES, Defendant.
JOINT MOTION TO ENLARGE THE TIME FOR FILING OF JPSR IN FED. CL. NO. 07-6 AND FED. CL. NO. 07-706, AND TO SHORTEN THE TIME FOR FILING OF JPSR IN FED. CL. NO. 08-135 T

The parties respectfully move the Court for an enlargement of time of 14 days, from May 16, 2008, to and including May 30, 2008, within which to file the JPSR in Principal Life Ins. Co. and Principal Financial Group, Inc. v. U.S., Fed. Cl. No. 07- 706 T, and Principal Life Ins. Co. and Subsidiaries v. U.S., Fed. Cl. No. 07-6 T, and respectfully move the Court to shorten the time for filing the JPSR in Principal Life Ins. Co. and Principal Financial Group, Inc. v. U.S., Fed. Cl. No. 08-135 T, from July 3, 2008, to and including May 30, 2008.1 The parties intend to file the same JPSR in all three cases, explaining why they believe consolidation of the three for all purposes is appropriate. Because, however, the current deadline

At present, there is in fact no deadline for filing a JPSR in Fed. Cl. No. 08-135 T; however, defendant intends to answer the complaint on the extended deadline May 12, 2008, thereby triggering a JPSR deadline of July 3, 2008. -1-

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Case 1:07-cv-00706-FMA

Document 14

Filed 05/01/2008

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for filing the answer in Fed. Cl. No. 08-135 T is May 12, 2008, the parties seek additional time beyond May 16, 2008 (the current JPSR deadline in Fed. Cl. Nos. 07-6 and 07-706), within which to compose a comprehensive JPSR for all three cases. At the same time, the parties do not wish to delay the filing of a JPSR in Fed. Cl. No. 08135 T, but desire to have that case, even if not ultimately consolidated, to enter fact discovery at the same time as the other two. They thus seek an order shortening (or setting, see supra note 1) the time for filing the JPSR in Fed. Cl. No. 08-135 to the same extended deadline requested to file the other two JPSRs.

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Case 1:07-cv-00706-FMA

Document 14

Filed 05/01/2008

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WHEREFORE, the parties request that their motion be granted. Plaintiffs' attorney has authorized defendant's attorney to sign this joint motion on his behalf. Respectfully submitted, 5/01/2008 Date s/Bruce Graves by s/Bart D. Jeffress BRUCE GRAVES Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, PLC 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515/242-2400 Facsimile: 515/283-0231 Email: [email protected] OF COUNSEL: William C. Brown, Esq. John D. Schmidt, Esq. Attorneys for Plaintiffs 5/01/2008 Date s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6496 (202) 514-9440 (fax) NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section 5/01/2008 Date s/David Gustafson Of Counsel Attorneys for Defendant

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