Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:07-cv-00285-MMS

Document 17

Filed 05/09/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) ELIP, LLC,

Hon. Margaret M. Sweeney

No. 07-285

UNOPPOSED MOTION FOR LEAVE TO FILE OUT OF TIME ______________________________________________________________________________ Defendant respectfully moves this Court for leave to file out of time the attached Unopposed Motion to Enlarge the Discovery Period in the above reference matter. Exhibit A. Pursuant to the Court's February 12, 2008 Order, discovery ended on May 1, 2008. (Docket No. 12). On April 25, 2008 counsel for defendant attempted to contact Jennifer Paine who works in the offices of counsel for plaintiff regarding plaintiffs' position on a motion to enlarge the discovery period in this matter to accomplish the depositions of the parties' respective appraisers. Counsel for defendant misinterpreted the lack of a response as an objection to such an enlargement and, for that reason, did not seek such an enlargement. However, Ms. Paine was out of the office the week of April 28 and upon her return to the office, she reported to counsel for defendant that plaintiff agrees that the discovery period should be enlarged to accomplish the depositions of the parties' respective appraisers. The granting of this unopposed motion would not cause any undue prejudice or harm to the rights and interests of plaintiff. WHEREFORE, Defendant respectfully requests that the Court grant Defendant leave to file out of time its Unopposed Motion to Enlarge the Discovery Period.

Case 1:07-cv-00285-MMS

Document 17

Filed 05/09/2008

Page 2 of 2

Respectfully submitted this 9th day of May, 2008, RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division

s/ Mark T. Romley Mark T. Romley Trial Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0506 Counsel for Defendant.