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

Case 1:06-cv-00942-LJB

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Filed 09/21/2007

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

Case No. No. 06-cv-00942-LJB Judge Lynn J. Bush Electronically filed September 21, 2007

UNOPPOSED MOTION BY DEFENDANT FOR FOUR-DAY ENLARGEMENT OF TIME WITHIN WHICH TO FILE DEFENDANT'S 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 a four-day enlargement of time, to and including Friday, September 28, 2007, within which to file its motion to dismiss pursuant to 28 U.S.C. § 1500. This motion is Defendant's second such motion. The grounds for this motion are as follows: 1. Pursuant to this Court's grant of an extension of time, the United States is to file

its motion to dismiss by September 24, 2007. (The previous motion, which was granted, sought a seventeen-day extension because of an unresolved discovery dispute and extraordinary pressures on counsel's schedule, as set forth in that motion.) 2. Defendant needs additional time to prepare its motion and consult with agency

counsel before filing its motion primarily because of an urgent family medical matter, unexpectedly requiring undersigned counsel to be out of town at present, and during most of the past week. 3. Accordingly, although the discovery issue referred to in Defendant's original

motion was very recently resolved, Defendant needs a brief additional enlargement of time to

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complete the preparation of its motion, including consultation with agency counsel. 4. Defendant requests an enlargement of four days, to and including Friday,

September 28, 2007, of the time within which its motion to dismiss is due. 5. Undersigned counsel for Defendant communicated with Plaintiff's counsel

regarding the request for an extension. Plaintiff's counsel Catherine Munson, Esquire, communicated to undersigned counsel that Plaintiff did not oppose the requested extension. 8. Granting this motion will not prejudice any party, nor unduly delay the case.

WHEREFORE, Defendant respectfully requests that this motion for enlargement of time be granted. Respectfully submitted this 21st day of September, 2007, RONALD J. TENPAS ACTING ASSISTANT ATTORNEY GENERAL s/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

OF COUNSEL THOMAS KEARNS Office of the Solicitor United States Department of the Interior Washington, D.C. 20240

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TERESA E. DAWSON Senior Counsel Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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