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

Case 1:06-cv-00942-LJB

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Filed 11/13/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE PASSAMAQUODDY TRIBE OF MAINE,

) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. No. 06-cv-00942-LJB Judge Lynn J. Bush Electronically filed November 13, 2007

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME BY WHICH TO FILE ITS REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS PURSUANT TO 28 U.S.C. § 1500 Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims (RCFC), Defendant, the United States of America, respectfully moves this Court for an extension of time to and including December 4, 2007 to file its reply brief in support of the Government's motion to dismiss pursuant to 28 U.S.C. § 1500 (Docket #20) which is currently due on November 23, 2007. This motion is Defendant's first such motion. The grounds for this motion are as follows: 1. On September 28, 2007, Defendant filed its Motion to Dismiss the above-

captioned matter pursuant to 28 U.S.C. § 1500 (Docket # 20). 2. On October 23, 2007, Plaintiff filed an Unopposed Motion for Extension of Time

to and including November 5, 2007 in which to file its brief in opposition to the Defendant's Motion to Dismiss (Docket # 21). The Defendant's reply brief is presently due on November 23, 2007. 3. On November 9, 2007, counsel of record, received an unfortunate telephone call 1

Case 1:06-cv-00942-LJB

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informing her that her mother had passed away.1/ Defendant's counsel will be out of the office until November 20, 2007 to attend to personal matters associated with her mother's passing. 4. The circumstances described above required Defendant's counsel to request

an extension of time of briefing deadlines in another related matter presently pending before this Court. See Ak-Chin Indian Community v. United States of America, No. 06-cv-00932 (ECH). The Government's briefs in that case must now be filed on November 21, 2007. 5. With the intervening Thanksgiving Holiday, the Defendant needs additional time

to complete and properly vet its draft reply brief with the appropriate counsel at the agencies principally affected by this litigation, the Departments of the Interior and Treasury. 6. Given the extenuating circumstances this situation presents, the Government

respectfully requests an enlargement of eleven days, to and including December 4, 2007 by which to submit its reply brief. 7. At my behest, my colleague Kevin J. Larsen contacted counsel for the Plaintiff,

Ms. Catherine Munson to secure the Plaintiff's position on the Government's request. Counsel for the Plaintiff represented that it did not oppose this Motion. 8. Granting this motion will not prejudice any party, nor unduly delay the case. WHEREFORE, Defendant respectfully requests that this motion for extension be granted.

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As this Court is aware, the Defendant moved this Court on September 21, 2007 for an extension of time by which to file its Motion to Dismiss Pursuant to 28 U.S.C. § 1500 (Docket #18). This motion was motivated, in part, by a medical crisis involving undersigned counsel's mother. 2

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Respectfully submitted this 13th day of November 2007. RONALD J. TENPAS ACTING ASSISTANT ATTORNEY GENERAL s/Kevin J. Larsen for Laura M.L. Maroldy Laura M.L. Maroldy United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 514-4565 Fax: (202) 353-2021 Attorneys for Defendant

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