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

Case 1:93-cv-06481-SGB

Document 6

Filed 12/21/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES ) ) Defendant. ) ___________________________________ ) LAND GRANTORS IN HENDERSON, UNION and WEBSTER COUNTIES, KENTUCKY and THEIR HEIRS,

No. 93-648L Judge Susan G. Braden

UNITED STATES' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, the United States submits this Unopposed Motion for Enlargement of Time to file its Reply in Support of the United States' Motion for Judgment on the Pleadings or, in the Alternative, Motion for Judgment on the Record ("United States' Motion"). The United States respectfully requests that the Court extend the United States' deadline to file its Reply by fourteen (14) days, to and including January 14, 2008. Counsel for the United States has consulted with Plaintiffs' counsel and is authorized to state that Plaintiffs do not oppose the granting of this motion. The United States has not sought any previous enlargements of time with respect to this pleading. The United States seeks this enlargement of time to prepare its Reply and ensure an adequate opportunity to coordinate among various government counsel. In October 2007, Plaintiffs requested and received a forty-four day extension in which to file their Opposition Memorandum in response to the United States' Motion. As a result of this extension, the United States' Reply is currently due December 31, 2007. Tom C. Clark, Principal Deputy Chief of the Natural Resources Section, and co-counsel in this matter, is on previously-scheduled annual 1

Case 1:93-cv-06481-SGB

Document 6

Filed 12/21/2007

Page 2 of 3

leave from December 15, 2007, to January 3, 2008. In addition, the undersigned counsel will be on leave from December 24 to December 25, 2007. The requested extension is necessary in order to finalize the government's Reply and ensure an adequate opportunity to coordinate with agency counsel. The United States also seeks this extension because this case involves a variety of complex issues. For these reasons, the United States requests an enlargement of time to and including January 14, 2008, to file its Reply in support of the United States' Motion. Respectfully submitted this 21 day of December,

RONALD J. TENPAS Assistant Attorney General _/s/ William J. Shapiro_______ WILLIAM SHAPIRO United States Department of Justice Environment and Natural Resources Division 501 I Street Suite 9-700 Sacramento, CA 95814 (916) 930-2207 (phone) (916) 930-2210 (fax) TOM C. CLARK II Principal Deputy Section Chief United States Department of Justice Environment and Natural Resources Division Natural Resources Section 601 D Street, NW Room 3152 Washington, DC 20530 (202) 514-3553 (phone) (202) 305-0506 (fax) Attorneys for the United States

2

Case 1:93-cv-06481-SGB

Document 6

Filed 12/21/2007

Page 3 of 3

Of Counsel: Dale Holmes Stephen J. Allison U.S. Army Corps of Engineers 600 Dr. Martin Luther King Place Louisville, KY 40202 Martin Cohen U.S. Army Corps of Engineers 20 Massachusetts Ave., N.W. Washington, DC 20314-1000

3