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

Case 1:07-cv-00271-RHH

Document 22

Filed 11/01/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) JACK LADD and MARIE LADD, et al., ) No. 07-271 L ) ) ) Honorable Robert H. Hodges, Jr. Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) _________________________ UNOPPOSED MOTION FOR ENLARGEMENT OF TIME ______________________________ The United States, pursuant to RCFC 6(b), requests an enlargement of time in which to file a response to Plaintiffs' Motion to Certify Class Action Pursuant To Rule 23 RCFC. Specifically, the United States requests an enlargement of time of fourteen (14) days from the day that the United States receives Plaintiffs' initial disclosures. The United States' response to Plaintiffs' motion for class certification is currently due November 1, 2007. The United States requests this enlargement of time in order to review the Plaintiffs' initial disclosures, prior to responding to their motion for class certification. Based on an October 17, 2007 telephonic conference with the Court, the United States understood that initial disclosures would be due no later than November 2, 2007. Today, counsel for Plaintiffs informed counsel for the United States that Plaintiffs had a different understanding of the schedule and would be providing their disclosures no later than November 9, 2007. The United States does not object to such an extension. Therefore, pursuant to the Court's Rules, the parties have stipulated to extend the deadline for initial disclosures until November 9, 2007.

Case 1:07-cv-00271-RHH

Document 22

Filed 11/01/2007

Page 2 of 2

Accordingly, the United States respectfully requests that the Court grant it an extension of fourteen (14) days from the day that the United States receives Plaintiffs' initial disclosures, in which to file a response to Plaintiffs' Motion to Certify Class Action Pursuant To Rule 23 RCFC. The United States has not previously sought an extension of time to file this response. The extension will not impact the parties' abilities to meet future deadlines in this case. Counsel for the United States contacted Plaintiffs' counsel regarding this request. Plaintiffs' counsel does not oppose the granting of this motion. November 1, 2007 Respectfully submitted, RONALD J. TENPAS Acting Assistant Attorney General Environmental & Natural Resources Division /s/ Rachel A. Dougan RACHEL A. DOUGAN JAMES D. GETTE Trial Attorneys Natural Resources Section Environment and Natural Resources Division United States Department of Justice Benjamin Franklin Station, P.O. Box 663 Washington, DC 20044-0663 Telephone: (202) 616-5082 Facsimile: (202) 305-0506 [email protected]

Of Counsel: ELLEN D. HANSON, General Counsel EVELYN KITAY, Attorney Surface Transportation Board Office of General Counsel 395 E Street, SW Washington, DC 20024

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