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

Case 1:06-cv-00258-CCM

Document 6

Filed 06/28/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BRUHN et al, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-258C (Judge C. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 30 days, to and including July 28, 2006, within which to file its response to plaintiff's complaint. Defendant's response is currently due to be filed June 29, 2006. This is defendant's second request for an enlargement of time. Counsel for plaintiff has represented that plaintiff does not oppose this request. The purpose of the enlargement is to investigate the possibility of settlement with plaintiffs. Plaintiffs' complaint alleges that they suffered damages as a result of the denial of farm program benefits by the Farm Service Agency (FSA) in 2004. In November 2005, the National Appeals Division (NAD) of the U.S. Department of Agriculture ruled in plaintiffs' favor in four appeals challenging the FSA's denial of farm benefits. It appears that a portion of the NAD decision overlaps with the relief requested in this Court. Plaintiffs have just recently obtained a valuation of damages from an expert witness, and plaintiffs' counsel has stated that he will provide the expert report to the United States. For these reasons, the parties are pursuing discussions with the goal of resolving all or part of plaintiffs' damage claims against the United States.

Case 1:06-cv-00258-CCM

Document 6

Filed 06/28/2006

Page 2 of 2

For these reasons, defendant respectfully requests that the Court grant its unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Donald E. Kinner DONALD E. KINNER Assistant Director OF COUNSEL: JOHN P. VOS Office of the General Counsel U.S. Department of Agriculture P.O. Box 419205, Mail Stop 1401 Kansas City, MO 64141 s/ Gregg M. Schwind GREGG M. SCHWIND Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington D.C. 20530 Tel: (202) 353-2345 Fax: (202) 514-8624 Attorneys for Defendant June 28, 2006

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