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

Case 1:06-cv-00942-LJB

Document 16

Filed 09/06/2007

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

Case No. No. 06-cv-00942-LJB Judge Lynn J. Bush Electronically filed September 6, 2007

MOTION BY DEFENDANT FOR 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 seventeen-day enlargement of time, to and including Monday, September 24, 2007, within which to file its motion to dismiss pursuant to 28 U.S.C. § 1500. This motion is Defendant's first such motion. The grounds for this motion are as follows: 1. Pursuant to this Court's July 20, 2007, Order, the United States is to file its

motion to dismiss by September 7, 2007. 2. Defendant needs additional time to prepare its motion and consult with agency

counsel before filing its motion. 3. This is in part due to other responsibilities in cases pending in this Court,

including one case in which over forty filings were made by other parties between August 17 and August 20, requiring undersigned counsel's attention. Substantive responses to many of those papers, including twenty motions, currently are due between the date of this motion to extend and the date of the requested extended deadline. 1

Case 1:06-cv-00942-LJB

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4.

In addition, an issue has arisen regarding Plaintiff's withholding of certain

documents directly pertinent to the motion to dismiss, under a claim of attorney work-product protection. Undersigned counsel has had preliminary communications with Plaintiff's counsel about that matter, but it is not resolved. As the material at issue has relevance to the subject matter of the motion to dismiss (based upon Plaintiff's privilege log), an extension of time would be appropriate to afford both sides an opportunity to discuss the matter further before Defendant's motion to dismiss is due. 5. Defendant needs additional time also because of pressures on counsel's schedule

arising from a family medical emergency. A member of undersigned counsel's family was hospitalized (outside the Washington, D.C. area) on August 20 as a result of a medical emergency, and remains hospitalized. That family medical situation is ongoing and has fully occupied undersigned counsel for much of the time between the date Plaintiff produced its discovery responses relating to the Section 1500 motion and the date of this motion. Undersigned counsel anticipates that situation will continue to require her attention, and additional out-of-town travel, in the near future and coming weeks. 6. For all of these reasons, Defendant has been and will be unable to complete and

file the motion to dismiss by September 7, as anticipated; and requests an enlargement of seventeen days, to and including Monday, September 24, 2007, of the time within which its motion to dismiss is due. 7. Undersigned counsel for Defendant communicated with Plaintiff's counsel

regarding the request for an extension. Plaintiff's counsel would not consent to the requested extension based on the reasons Defendant asserts for needing it.

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Case 1:06-cv-00942-LJB

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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 6th 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 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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