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

Case 1:07-cv-00032-CCM

Document 9

Filed 05/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BANK OF GUAM, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant.

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No: 07-32C (Judge Braden)

PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Plaintiff, Bank of Guam, pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, respectfully requests that the May 20, 2007 date by which plaintiff's opposition to the motion of the United States to dismiss the complaint pursuant to Rule 12(b) is due, be enlarged by 30 days to and including June 20, 2007. This is plaintiff's first requested enlargement. We consulted about this request with defendant's counsel of record, who advised us that the request will not be opposed. The request is necessary because of scheduling commitments and personnel changes in plaintiff's legal staff assigned to this matter. Katrina Lee is a partner at the Nossaman law firm who has been working as the principal attorney assisting Kurt Melchior, counsel of record for plaintiff. Ms. Lee is expecting to deliver a child within the next two weeks and has just commenced her maternity leave. Mr. Melchior has made arrangements to have another attorney, Sophie Nicole Froelich, fill in for Ms. Lee in this

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Case 1:07-cv-00032-CCM

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work, but Ms. Froelich needs time to get up to speed. Meanwhile, Mr. Melchior, the lead attorney for plaintiff, is serving on jury duty. The research for the opposition brief is largely done, but it must be properly formatted and edited, and after formatting and editing it must be submitted to co-counsel, the law firm of Jerome Sapiro, Jr., and to the in-house counsel for the client, The Bank of Guam, for review. All these matters necessarily take time. And we have not mentioned the other scheduling concerns of counsel, which are considerable. For the foregoing reasons, we respectfully request that this motion be granted. Respectfully submitted, Dated: May 9, 2007 By: _ s/Kurt W. Melchior KURT W. MELCHIOR, ESQ.

Nossaman, Guthner, Knox & Elliott, LLP Phone: (415) 398-3600 Facsimile: (415) 398-2438

ATTORNEY OF RECORD FOR PLAINTIFF BANK OF GUAM

OF COUNSEL JEROME SAPIRO, JR., ESQ. DAVID A. SAUERS, ESQ. The Sapiro Law Firm Phone: (415) 771-0100 Fax: (415) 771-3142 KATRINA J. LEE, ESQ. SOPHIE NICOLE FROELICH, ESQ. Nossaman, Guthner, Knox & Elliott, LLP Phone: (415) 398-3600 Facsimile: (415) 398-2438

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Case 1:07-cv-00032-CCM

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CERTIFICATE OF FILING I hereby certify that on May 9, 2007, a copy of the foregoing "PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing will be sent to al parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Kurt W. Melchior

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