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

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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 32 days, to and including February 18, 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. is due on January 17, 2008. Our response currently

This is our first request for an Plaintiffs' counsel has authorized

enlargement for this purpose.

us to state that he does not object to this motion. As grounds for this motion, we state that we received plaintiffs' motion just before the onset of the Christmas and New Year holiday period, at a time when agency counsel were either absent or about to leave for an extended absence. As a result,

Government counsel was unable to discuss the contents of plaintiffs' response with agency counsel until just yesterday, January 8, 2008. Government counsel depends upon agency counsel to provide access to the factual information necessary to respond to the allegations in plaintiffs' brief. In addition, agency counsel

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have been clear concerning their interest in having input into the preparation of all elements of our brief. 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 Aviation Administration with which agency counsel is, understandably, more familiar than Government counsel. Based upon our conversations with agency counsel, we believe that the additional time requested in this motion would enable us to complete our response and timely file it with the Court. Accordingly, we respectfully request that the Court grant this motion for an enlargement of time of 32 days, to and including February 18, 2008, within which to respond to plaintiffs' motion for partial summary judgment and opposition to defendant's motion for summary judgment and motion to dismiss. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

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S/Hillary A. Stern HILLARY A. STERN Senior Trial Counsel 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 January 9, 2008

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