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

Case 1:07-cv-00279-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THEODORE FATHAUER et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-279C (Judge Baskir)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to RCFC 6(b), defendant requests an enlargement of time of 30 days, to and including Monday, August 6, 2007, within which to respond to the complaint. Our response is now due on July 5, 2007. This is our first request for an enlargement of time for this purpose. Counsel for the plaintiff has indicated that he will not oppose this request for an enlargement of time. Counsel for the defendant timely requested, pursuant to 28 U.S.C. § 520, that the appropriate agency provide him with a litigation report. Counsel for the defendant has not yet received a litigation report. In this case, before agency counsel can prepare the litigation report, it must first collect the plaintiffs' individual personnel files from the various local offices around the country where they were employed. The geographic scope of this task (the files of two plaintiffs are located as far away as Alaska) has

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made it very time consuming. Agency counsel attempted to shorten this process by requesting electronic transmission of the files, but many of the files are stored only in paper form, so the time to copy and electronically scan them could not be avoided. Only after compiling these materials can agency counsel properly assess the allegations made by the plaintiff and analyze the complaint. After receiving the litigation report, counsel for the defendant will require time to study it and determine the most appropriate response to the complaint. Therefore, we anticipate that at least an additional 30 days will be required to prepare our response. For the foregoing reasons, defendant requests that the Court grant this unopposed motion for an enlargement of time.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director /s/ Devin A. Wolak DEVIN A. WOLAK

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Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 July 2, 2007 Attorneys for Defendant

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CERTIFICATE OF FILING

I hereby certify that on July 2, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN 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/ Devin A. Wolak DEVIN A. WOLAK