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

Case 1:99-cv-02051-LAS

Document 27

Filed 03/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ROBERT ATHEY, et al.,

Case No. 99-2051C

for themselves and on behalf of all others similarly situated, Plaintiffs, v. THE UNITED STATES OF AMERICA Defendant.

PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME (Senior Judge Smith)

Plaintiffs respectfully request an enlargement of time of thirty (30) days, to and including April 11, 2007, within which to file their reply to defendant's Motion To Dismiss Plaintiffs' Third Amended Complaint. Plaintiffs' response currently is due March 12, 2007. This is plaintiffs' first request for an enlargement of time for this purpose. Counsel for the plaintiffs has discussed this motion with counsel for the United States, who stated that the United States had no objection to this motion. As grounds for this motion, plaintiffs state that they must engage in additional legal research to respond to the issues raised by defendant in its Motion to Dismiss of statute of limitations, laches, and the impact of title 38 premium pay upon plaintiffs' Complaint for money damages arising from the computation of their lump-sum payment for unused annual leave pursuant to 5 U.S.C. § 5551. Accordingly, plaintiffs respectfully request that the Court grant this motion for an enlargement of time of 30 days, to and including April 11, 2007, within which to respond to defendant's Motion To Dismiss.
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Case 1:99-cv-02051-LAS

Document 27

Filed 03/06/2007

Page 2 of 2

Dated: March 6, 2007

Respectfully Submitted,

s/Ira M. Lechner Ira M. Lechner Counsel for Plaintiffs 19811-4th Place Escondido, CA 92029 (858) 864-2258
U P P

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