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

Case 1:07-cv-00350-CCM

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Filed 03/13/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 07-350 T (Judge Christine O.C. Miller) J. CARDENAS & SONS FARMING, INC., JUAN CARDENAS AND GRACIELA CARDENAS Plaintiffs, v. THE UNITED STATES, Defendant,

No. 07-351 T 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 fifteen days from March 17, 2008, to and including April 1, 2008, within which to file its

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Case 1:07-cv-00350-CCM

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Filed 03/13/2008

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reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss In Part Plaintiffs' Second Amended Complaint ("opposition") filed in the above-captioned matter. This is the first enlargement of time requested for this purpose. In support of this motion, defendant states that its trial attorney forwarded plaintiffs' opposition to the Internal Revenue Service ("IRS") and requested a supplemental defense recommendation. Counsel for the IRS has provided preliminary recommendations with respect to plaintiffs' opposition, however, those views are not yet final. This enlargement of time is sought in order to allow defendant's trial attorney time to receive and review the final recommendations by the IRS regarding plaintiffs' opposition. Plaintiffs' counsel advised that plaintiffs object to the allowance of this motion.

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Case 1:07-cv-00350-CCM

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Filed 03/13/2008

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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

NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/David Gustafson Of Counsel

March 12, 2008