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

Case 1:07-cv-00014-MMS

Document 12

Filed 05/01/2007

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. 07-14L Hon. Margaret M. Sweeney

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS Defendant United States hereby moves pursuant to RCFC 6(b) for an enlargement of time of one week from the current deadline, to and including Monday, May 14, 2007, in which to reply to Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss for Lack of Jurisdiction ("Plaintiffs' Opposition"). A reply to Plaintiffs' Opposition currently is due on Monday, May 7, 2007. This is Defendant's first request for an enlargement of time to file its reply brief. Plaintiffs' counsel does not oppose this request. Defendant filed its motion to dismiss on March 12, 2007. After an extension of time, Plaintiffs filed their Opposition on April 19, 2007. Defendant's reply would be due on May 7, 2007, under RCFC 6(e) and 7.2(c). In light of filings due in other matters during the week ending May 4, 2007, among other commitments of time, Defendant will not be able to prepare a draft reply brief, circulate it among the interested agencies, and receive and incorporate any comments upon the brief with sufficient

Case 1:07-cv-00014-MMS

Document 12

Filed 05/01/2007

Page 2 of 2

time to file by May 7, 2007. This enlargement of time, therefore, is necessary to permit counsel for Defendant sufficient time to fully consider and prepare a reply to the issues raised in Plaintiffs' 33-page Opposition, and to coordinate that reply with counsel for two federal agencies. Accordingly, Defendant respectfully moves for an enlargement of time of one week from the current deadline, to and including Monday, May 14, 2007, in which to reply to Plaintiffs' Opposition. Respectfully submitted,

Dated: May 1, 2007

MATTHEW J. McKEOWN Acting 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) 305-0267

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