Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:07-cv-00351-CCM

Document 13

Filed 01/02/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 07-351 T (Judge Christine O.C. Miller) RIO VISTA CORPORATION, JUAN CARDENAS AND GRACIELA CARDENAS, Plaintiffs v. THE UNITED STATES, Defendant __________ MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to RCFC 6.1, the United States respectfully moves for an enlargement of time of nine days from January 2, 2008,1 to and including January 11, 2008, within which to file its reply to Plaintiffs' Opposition to Motion For More Definite Statement ("opposition") in the above-captioned case. This is the first enlargement of time requested for this purpose. In support of this motion, defendant states that on December 31, 2007, its trial attorney received from the Internal Revenue Service ("IRS") a supplemental defense recommendation in connection with plaintiffs' opposition and the amended complaint filed in this action. Counsel

1

Defendant's reply is due on January 2, 2008, pursuant to RCFC 6(a). -1-

Case 1:07-cv-00351-CCM

Document 13

Filed 01/02/2008

Page 2 of 2

for the parties have scheduled a telephone conference on January 4, 2008, to discuss the status of this action. This enlargement of time is sought in order to allow defendant's trial attorney time to review the supplemental defense recommendation provided by the IRS and to allow the parties additional time to meet and confer with respect to the issues pending before the Court. Further discussions by the parties may clarify the issues for which a judicial resolution will be required. Plaintiff's counsel has authorized us to state that plaintiff has no objection to the allowance of this motion. WHEREFORE, defendant requests that its motion be granted. Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS 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) 307-0840

RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/David Gustafson Of Counsel

January 2, 2008