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

Case 1:06-cv-00334-LJB

Document 11

Filed 11/30/2006

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 45-day enlargement of time, to and including January 12, 2007, within which the parties may file their dispositive motions. The parties' dispositive motions were due on November 28, 2006. Defendant's request for an enlargement is filed out of time by two days because the parties inadvertently overlooked the deadline for filing summary judgment motions. The deadline for filing summary judgment briefs was properly transcribed in Government counsel's calendar, but Government counsel overlooked the due date. This is defendant's second request for enlargement of time for this purpose. Counsel for plaintiffs has indicated that plaintiffs are 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

Case 1:06-cv-00334-LJB

Document 11

Filed 11/30/2006

Page 2 of 2

offer in Boyer is accepted, the parties do not anticipate the need to file summary judgment motions in this case. 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 45 days within which the parties may file motions for summary judgment, through and including January 12, 2007. 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 November 30, 2006 Attorneys for Defendant

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