Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:07-cv-00249-SGB

Document 7

Filed 07/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ANDREW W. BREINER, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Case No. 07-249C (Judge Braden)

MOTION FOR LEAVE TO FILE ANSWER OUT OF TIME Defendant respectfully requests leave of the Court to file the attached answer out of time. 2007. This is one of eight cases filed in the past six months involving virtually identical complaints filed on behalf of various Drug Enforcement Administration diversion investigators, asserting claims under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. We filed timely answer to the complaints in all The answer was due on June 25,

of the other cases in which answers were due, but, due to an oversight, did not file an answer in this case. Government

counsel was on leave throughout the first week in July 2007, and became aware of this oversight until he returned on July 9, 2007. The granting of leave to file the attached answer out of time will not cause any prejudice. The allegations contained in

the complaint are substantially the same as those contained in numerous earlier complaints filed by counsel for plaintiffs in this case. And, the Government's response to the complaint in

this case is substantially the same as its response to the earlier complaints.

Case 1:07-cv-00249-SGB

Document 7

Filed 07/09/2007

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For the foregoing reasons, we respectfully request that our motion for leave to file our answer out of time be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

Filed Electronically

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-8275 Fax: (202) 305-7643 Attorneys for Defendant

July 9, 2007

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