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

Case 1:06-cv-00942-LJB

Document 17

Filed 09/07/2007

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In the United States Court of Federal Claims
No. 06-942 L (Filed September 7, 2007) ********************* PASSAMAQUODDY TRIBE, * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * ********************* ORDER On September 6, 2007, defendant filed a motion for enlargement of time within which to file defendant's motion to dismiss pursuant to 28 U.S.C. § 1500, seeking an enlargement of seventeen days, to and including September 24, 2007. Defendant's motion to dismiss is currently due today, September 7, 2007. Defendant reports that plaintiff "would not consent to the requested extension based on the reasons Defendant asserts for needing it." Defendant cites several reasons for the requested delay. These reasons include professional responsibilities on the part of defendant's counsel, a family medical emergency affecting defendant's counsel, and a discovery dispute with plaintiff. Plaintiff's reasons for opposing the enlargement are not before the court, and given the short time frame, the court's decision on defendant's enlargement request cannot wait for plaintiff's responsive briefing of this issue. The court notes that in similar cases filed by plaintiff, short enlargements have been requested and granted to both parties extending the briefing schedule of the § 1500 issue. See Ak-Chin Indian Community v. United States, No. 06-932 (Fed. Cl. July 31, 2007 and Aug. 17, 2007); Tohono O'odham Nation v. United States, No. 06-944 (Fed. Cl. June 13, 2007, June 27, 2007, July 13, 2007). The court views the enlargement requested in the subject matter as adequately justified by the reasons cited by defendant in its motion. To the extent that a discovery

Case 1:06-cv-00942-LJB

Document 17

Filed 09/07/2007

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dispute exists, the court encourages the parties to resolve any discovery issues expediently and amicably. Accordingly, it is hereby ORDERED that (1) Defendant's motion for an enlargement of time, filed September 6, 2007, is GRANTED; Defendant's Motion to Dismiss Pursuant to 28 U.S.C. § 1500 shall be FILED on or before September 24, 2007; and Further briefing on defendant's motion to dismiss shall be scheduled pursuant to the rules of this court.

(2)

(3)

/s/Lynn J. Bush LYNN J. BUSH JUDGE

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