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

Case 1:07-cv-00272-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARK G. ABBEY, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-272C (Judge Emily C. Hewitt)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 65 days, to and including September 5, 2007, within which to file its answer or otherwise respond to the complaint. currently is due on July 2, 2007. an enlargement for this purpose. Our response

This is our first request for Plaintiffs' counsel has

authorized us to state that he does not object to this motion. As grounds for this motion, we state that, although we promptly forwarded the complaint to the Federal Aviation Administration together with a request for the litigation report that the agency is statutorily obligated to provide, we have not yet received the litigation report. Agency counsel has advised

us that additional time is needed to research the employment records of the 6,458 plaintiffs involved in this case in order to provide a useful and comprehensive litigation report. She has

indicated that she will not be able to prepare the ligation report until this research is complete and estimates that an additional 60 days will be necessary to accomplish this. Based upon agency counsel's representations, we anticipate

Case 1:07-cv-00272-ECH

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that the additional 65 days requested in this motion for an enlargement of time will be sufficient to allow us to receive the litigation report and to prepare and useful and accurate answer to the complaint. Accordingly, we respectfully request that the

Court grant this motion for an enlargement of time of 65 days, to and including September 5, 2007, within which to respond to plaintiffs' complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director S/Hillary A. Stern HILLARY A. STERN Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0177 Facsimile: (202) 305-7643 Attorneys for Defendant June 21, 2007

Case 1:07-cv-00272-ECH

Document 5

Filed 06/21/2007

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