Free Motion for Extension of Time to File Response/Reply - 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 15 days, to and including March 5, 2008, within which to file its response to plaintiffs' motion for partial summary judgment and reply to plaintiffs' opposition to defendant's motion for summary judgment and motion to dismiss. February 19, 2008. Our response currently is due on

This is our second request for an enlargement

for this purpose, the Court having already granted us an additional 32 days. Plaintiffs' counsel has authorized us to

state that he does not object to this motion. In our initial request for an enlargement of time, we noted that Government counsel was depending upon agency counsel to provide access to the factual information necessary to respond to the allegations in plaintiffs' brief. In addition, we stated

that agency counsel had been clear concerning their interest in having input into the preparation of all elements of our brief. We explained that agency counsels' insights into the legal portions of our response are particularly desirable in this case, given the unique personnel management system of the Federal

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Aviation Administration with which agency counsel is, understandably, more familiar than Government counsel. Unfortunately, we have not yet received the necessary information from agency counsel. Although agency counsel has

represented to us that they have obtained the necessary information, it is not yet organized in a format that is presentable to Government counsel. Without this information, we

cannot prepare an accurate or useful response to plaintiffs' motion. Based upon agency counsel's representations, we anticipate that the additional 16 days requested in this motion for an enlargement of time will be sufficient to allow us to receive the necessary information and to prepare a useful and accurate response to plaintiffs' motion. Accordingly, we respectfully

request that the Court grant this motion for an enlargement of time of 16 days, to and including March 5, 2008, within which to file our response to plaintiffs' motion for partial summary judgment and reply to plaintiffs' opposition to defendant's motion for summary judgment and motion to dismiss. Respectfully submitted, JEFFREY S. BUCHULTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

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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 February 12, 2008

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