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

Case 1:06-cv-00942-LJB

Document 21

Filed 10/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA ) ) Defendant. ) ___________________________________ ) PASSAMAQUODDY TRIBE,

Case No. 06-cv-00942-LJB Judge Lynn J. Bush Electronically Filed 10/23/07

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS Pursuant to Court of Federal Claims Rule 6.1, Plaintiff, the Passamaquoddy Tribe ("Passamaquoddy"), moves the Court for a one-week extension of time to respond to Defendant's Motion to Dismiss through and including November 5, 2007. In support of its motion, Passamaquoddy shows the Court as follows: 1. On September 28, 2007, the Defendant, the United States of America

("Defendant"), filed a Motion to Dismiss. 2. Under the Rules of the Court of Federal Claims, the deadline for Passamaquoddy

to file a Response to Defendant's Motion to Dismiss is currently October 29, 2007. 3. Passamaquoddy has been working diligently to prepare its Response to Due to unexpected intervening deadlines occurring in

Defendant's Motion to Dismiss.

Passamaquoddy's counsel's other cases, however, Passamaquoddy needs more time to adequately prepare a Response to Defendant's Motion to Dismiss. 4. This motion is Passamaquoddy's first request for an extension of time to respond

to Defendant's Motion to Dismiss.

Case 1:06-cv-00942-LJB

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Filed 10/23/2007

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5.

Passamaquoddy's counsel, Catherine Munson, contacted Defendant's counsel,

Laura Maroldy, about this motion and on October 22, 2007, Ms. Maroldy stated that she did not oppose Passamaquoddy's request for a one-week extension of time to file a Response to Defendant's Motion to Dismiss. 6. Passamaquoddy's request for an extension of time to file a Response to

Defendant's Motion to Dismiss is not made for purpose of harassment, delay or any other improper purpose. Additionally, none of the Parties will be prejudiced by the extension of time. 7. A proposed Order granting the instant motion is attached hereto.

Respectfully submitted, this the 23rd day of October, 2007. /s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail: [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail: [email protected] CATHERINE F. MUNSON Georgia Bar No. 529621 E-mail: [email protected] Kilpatrick Stockton LLP 607 14th Street, N.W. Washington, D.C. 20005 Tel: (202) 508-5800 Fax: (202) 505-5858 Attorneys for Plaintiff The Passamaquoddy Tribe

Case 1:06-cv-00942-LJB

Document 21

Filed 10/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA ) ) Defendant. ) ___________________________________ ) PASSAMAQUODDY TRIBE,

Case No. 06-cv-00942-LJB Judge Lynn J. Bush Electronically Filed 10/23/07

CERTIFICATE OF SERVICE I hereby certify that the foregoing Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss was electronically filed using the Court's ECF system and that the below-listed counsel are ECF users and will be served via the ECF System: Laura M.L. Maroldy, Esq. Trial Attorney United States Department of Justice Environment and Natural Resources Division 601 D Street, N.W., Room 3136 Washington, D.C. 20044 This 23rd day of October, 2007.

/s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail: [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail: [email protected] CATHERINE F. MUNSON Georgia Bar No. 529621 E-mail: [email protected] Kilpatrick Stockton LLP 607 14th Street, N.W. Washington, D.C. 20005 Phone: (202) 508-5800 Attorneys for Plaintiff The Passamaquoddy Tribe