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

Case 1:06-cv-00289-CCM

Document 16

Filed 12/19/2006

Page 1 of 2

UNITED STATES COURT OF FEDERAL CLAIMS ) JOHN, et al., ) ) Plaintiffs, ) v. ) ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) _________________________________________ )

No. 06-289 L

Hon. Christine O.C. Miller

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS Defendant United States hereby moves pursuant to RCFC 6(b) for an enlargement of time of four weeks from the current deadline, to and including Tuesday, January 30, 2007, in which to reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss ("Plaintiffs' Opposition"). A reply to Plaintiffs' Opposition currently is due on Tuesday, January 2, 2007. This is Defendant's first request for an enlargement of time to file its reply brief. Plaintiffs' counsel does not oppose this request. Defendant filed its motion to dismiss on September 18, 2006. Plaintiffs filed their Opposition on December 18, 2006. Defendant's reply would be due on January 2, 2007, under RCFC 7.2(c). In light of the upcoming holidays and leave plans of involved government counsel, however, Defendant will not be able to prepare a draft reply brief, circulate it among the interested agencies, and receive and incorporate any comments upon the brief within sufficient time to file by January 2, 2007. This enlargement of time, therefore, is necessary to permit counsel for Defendant sufficient time to fully consider and prepare a reply to the issues raised in

Case 1:06-cv-00289-CCM

Document 16

Filed 12/19/2006

Page 2 of 2

Plaintiffs' 50-page Opposition, and to coordinate that reply with counsel for several federal agencies. Accordingly, Defendant respectfully moves for an enlargement of time of four weeks from the current deadline, to and including Tuesday, January 30, 2007, in which to reply to Plaintiffs' Opposition.

Respectfully submitted, SUE ELLEN WOOLDRIDGE Environment & Natural Resources Division Assistant Attorney General

s/ Bruce K. Trauben ____________________________________ Bruce K. Trauben Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0238 (phone) (202) 305-0267 (fax)

Dated: December 19, 2006

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