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

Case 1:07-cv-00279-LMB

Document 18

Filed 02/27/2008

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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 7 days, to and including March 10, 2008, to file its response to the plaintiff's motion for summary judgment. The response is currently due on March 3, 2008. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel has indicated that he will not oppose this request for an enlargement of time. The requested enlargement is necessary because defendant's counsel has had some emergent and unexpected work arise in one of his other cases. Specifically, in Stovall v. United States, Fed. Cl. No. 05-400C, the depositions of two government witnesses were scheduled for February 27 and 28, 2008. Defendant's counsel's attempts to contact the attorney for the plaintiff in the Stovall matter, to confirm the depositions, had gone unanswered, and plaintiff's counsel in the Stovall matter ultimately failed to appear for the depositions. Defendant's counsel, therefore, must immediately seek a protective order in the Stovall case. Additionally, defendant's counsel has recently contracted the flu. Between the

Case 1:07-cv-00279-LMB

Document 18

Filed 02/27/2008

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additional, unanticipated work in the Stovall case, and defendant's counsel's present illness, he is unable to make the final preparations to our response to the plaintiff's motion for summary judgment so that it may be filed by the current deadline. We anticipate that an enlargement of 7 days will permit counsel for the defendant to complete his work in the Stovall case, recover from his illness, and prepare the response in this case for filing. For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick / by Kirk Manhardt MARK A. MELNICK Assistant Director s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 February 27, 2008 Attorneys for Defendant

Case 1:07-cv-00279-LMB

Document 18

Filed 02/27/2008

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CERTIFICATE OF FILING

I hereby certify that on February 27, 2008, 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