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

Case 1:07-cv-00014-MMS

Document 25

Filed 05/28/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE RICHARD A. FORSGREN REVOCABLE LIVING FAMILY PRESERVATION TRUST: CLAYTA FORSGREN, RICHARD A. FORSGREN, RICHARD E. FORSGREN, TERRI LYNN HAGER, and BARBARA ANN THOMPSON, TRUSTEES, ) ) ) ) ) ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ________________________________________ )

No. 07-14 L Hon. Margaret M. Sweeney

DEFENDANT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO THE COMPLAINT Defendant, the United States, pursuant to RCFC 6(b), hereby moves for an enlargement of time of two (2) weeks from the current deadline, to and including Monday, June 16, 2008, in which to respond to Plaintiff's Complaint. Pursuant to RCFC 12(a)(2)(A), Defendant's responsive pleading to the Complaint is due 10 days after receiving notice of the Court's denial of Defendant's motion to dismiss, which was electronically served by the Court on May 13, 2008. Under RCFC 6(a), because the prescribed time is less than 11 days, weekends and federal holidays, including Memorial Day, are excluded from the computation. Additionally, under RCFC 6(e), three days may be tacked on for electronic service under RCFC 5(b)(2)(D). Consequently, Defendant's responsive pleading to the Complaint would be due on Monday, June 2, 2008.1/ This is Defendant's first request for an extension of time to respond to the Complaint.

1/

If three days are not tacked on for electronic service, Defendant's response to the Complaint would be due today, May 28, 2008. Regardless, Defendant respectfully requests that the Court set Monday, June 16, 2008 as the new due date for its response to the Complaint.

Case 1:07-cv-00014-MMS

Document 25

Filed 05/28/2008

Page 2 of 2

This enlargement of time is necessary to permit counsel for Defendant additional time to fully consider the allegations raised in Plaintiff's 22-page Complaint, to formulate an appropriate response in light of available documents previously produced by the parties, and to coordinate that response with counsel for two federal agencies. Defendant's counsel has conferred electronically with counsel for Plaintiff, and Plaintiff does not oppose this request for an enlargement of time. Accordingly, Defendant respectfully moves for an enlargement of time of two weeks, to and including Monday, June 16, 2008, in which to respond to Plaintiff's Complaint. Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division /s/ Bruce K. Trauben BRUCE K. TRAUBEN Environment & Natural Resources Division Natural Resources Section United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Tel.: (202) 305-0238 Fax: (202) 305-0506 OF COUNSEL: Steven M. Hoffman Attorney Office of the Solicitor Rocky Mountain Regional Office U.S. Dept. of Interior 755 Parfet Street, Room 151 Lakewood, Colorado 80215 Fax: (303) 231-5363 Dated: May 28, 2008

Diane M. Connolly Deputy Regional Attorney Office of the General Counsel U.S. Dept. of Agriculture Mountain Region Post Office Box 25005 Lakewood, Colorado 80225 Fax: (303) 275-5557

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