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

Case 1:06-cv-00334-LJB

Document 9

Filed 10/31/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

DOUGLAS S. JOHNSON Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

Case No. 06-334C (Judge Lynn J. Bush)

UNOPPOSED MOTION TO ENLARGE Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully request a 28-day enlargement of time, to and including November 28, 2006, within which the parties may file their dispositive motions. The parties' dispositive motions are currently due on October 31, 2006. With the 28-day enlargement, the time for both parties to file dispositive motions would be extended to November 28, 2006. This is defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff has indicated that Mr. Johnson is not opposed to this motion. The Government requests this enlargement to allow time for review within the Department of Justice of a settlement proposed by plaintiffs in Boyer v. United States, No. 00-641C. As stated in the parties' joint preliminary status report, Mr. Johnson has been employed by the same Federal agencies as plaintiffs in Boyer, served in the same position as some of the plaintiffs in Boyer (Senior Marine Enforcement Officer), and he asserts claims similar, if not identical, to the claims asserted in Boyer. In the event that plaintiffs' settlement offer in Boyer is accepted, the parties do not anticipate the need to file summary judgment

Case 1:06-cv-00334-LJB

Document 9

Filed 10/31/2006

Page 2 of 2

motions in this case.1 At this time, the settlement offer in Boyer is still being reviewed within the Department of Justice. Therefore, we respectfully request that the Court grant an enlargement of time of 28 days within which the parties may file motions for summary judgment, through and including November 28, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/David M. Cohen DAVID M. COHEN Director /s/Shalom Brilliant by Michael J. Dierberg SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-7561 Fax: (202) 305-7643 October 31, 2006 Attorneys for Defendant

1

The parties' summary judgment motions in Boyer are currently due on November 28, -2-

2006.