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

Case 1:07-cv-00252-MBH

Document 23

Filed 01/11/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-252 T (Judge Marian Blank Horn) __________ BERNARD F. AND CYNTHIA G. MANKO, Plaintiffs v. UNITED STATES, Defendant

__________ JOINT MOTION FOR EXTENSION OF TIME _________

The parties, pursuant to RCFC 6(b), respectfully move this Court for an enlargement of 28 days, from January 11, 2008, to and including February 8, 2008, of the deadline for the completion of discovery in the above-captioned case. One prior motion totaling 30 days has been granted. The parties do not believe there is any need to reschedule the February 12, 2008, status conference. As good cause therefore, the parties are currently engaged in substantive settlement discussions. The parties have scheduled a conference set for Tuesday, January 15, 2008, to further discuss potential settlement. In addition, although defendant produced a large number of documents from the IRS files in response to plaintiffs' discovery requests, there are some files related to IRS collection activities that have not yet been located. Prior to the holidays, 1

Case 1:07-cv-00252-MBH

Document 23

Filed 01/11/2008

Page 2 of 3

plaintiffs' counsel provided defendant's counsel with the names of IRS personnel who they think might have knowledge of the location of any additional files and defendant's counsel has also identified additional individuals to contact. Defendant's counsel has confirmed that most those individuals no longer have any documents. However, defendant's counsel is continuing its search for the documents in order to either locate additional documents or confirm that no additional documents are available. That process will be completed within the next 10 days. WHEREFORE, the parties respectfully request that the Court enlarge the deadline for the completion of discovery to February 8, 2008.

Respectfully submitted,

1/11/08 DATE

s/Irwin S. Meyer IRWIN S. MEYER One Blue Hill Plaza 10th Floor P.O. Box 1606 Pearl River, New York 10965-8606 (845) 735-9400 Counsel for plaintiff Bernhard F. Manko

1/11/08 DATE

`

s/Hugh Janow HUGH JANOW One Blue Hill Plaza 10th Floor P.O. Box 1586 Pearl River, New York 10965 (845) 735-8385 Counsel for plaintiff Cynthia G. Manko

2

Case 1:07-cv-00252-MBH

Document 23

Filed 01/11/2008

Page 3 of 3

1/11/08 DATE

s/Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record Justice Department (Tax) Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6506 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief

1/11/08 DATE

s/Mary M. Abate Of Counsel Counsel for Defendant

3