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

Case 1:07-cv-00272-ECH

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Filed 10/29/2007

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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

PLAINTIFFS' UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME

Plaintiffs respectfully request that this Court grant plaintiffs' unopposed motion for an enlargement of time within which to file their response to Defendant'Partial Motion s to Dismiss and Partial Motion for Summary Judgment. Specifically, plaintiffs' response was originally due on November 1, 2007; however, plaintiffs request that their response date be set for December 3, 2007. This is plaintiffs' request for an enlargement for first this purpose. Defendants' counsel has authorized plaintiffs to state that she does not object to this motion. Plaintiffs need additional time to review Defendant'Partial Motion to Dismiss s and Partial Motion for Summary Judgment and adequately respond to these motions. Plaintiffs' counsel have a brief due in Matsuo v. U.S., Civ. No. 05-00398 (PMP) (D. Haw.) on October 31, 2007, which is on behalf of 20,000 federal employees in Hawaii and Alaska. In that same case, plaintiffs' counsel has another brief due on November 14, 2007. Further, plaintiffs' counsel need additional time to contact individual plaintiffs to address issues raised in defendants' motions. Accordingly, plaintiffs respectfully

Case 1:07-cv-00272-ECH

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request that the Court grant plaintiffs' motion for an enlargement of time within which to respond to defendants' motions, through December 3, 2007.

Respectfully submitted,

Dated: October 29, 2007

/s/ Gregory K. McGillivary Gregory K. McGillivary WOODLEY & MCGILLIVARY 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005 (202) 833-8855 (Telephone) (202) 452-1090 (Facsimile) Attorney of Record

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Case 1:07-cv-00272-ECH

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CERTIFICATE OF SERVICE I hereby certify that Plaintiffs' Unopposed Motion for an Enlargement of Time was th electronically filed on this 29 day of October with the Clerk of the Court using the CM/ECF System which will send notification of such filing to defendant'attorney: s Hillary A. Stern Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 (202) 616-0177 (telephone) (202) 305-7643 (facsimile)

/s/ Gregory K. McGillivary Gregory K. McGillivary