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

Case 1:06-cv-00233-BAF

Document 140

Filed 06/16/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FEDERAL AIR MARSHALS (FAM) 1, ET AL., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-233C (Judge Futey)

DEFENDANT'S SECOND CONSENT MOTION FOR AN EXTENSION OF TIME TO REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT, AND REQUEST FOR EXPEDITED CONSIDERATION Defendant, the United States, respectfully requests that the Court grant an enlargement of time of one day, to and including Wednesday, June 18, 2008, within which to respond to plaintiffs' May 9, 2008 response to our cross-motion for summary judgment. Defendant's reply is currently due on Tuesday, June 17, 2008. This is defendant's second request for an enlargement of time for this purpose. On May 21, 2008, the Court granted an

enlargement of time of 25 days, to and including Tuesday, June 17, 2008, within which to respond to plaintiffs' response to our cross-motion for summary judgment. We request the enlargement because on Friday, June 13, 2008, defendant's offices experienced a power outage and loss of computer services that resulted in the closing of the office for the day. In addition, this morning, June 16, 2008, lead counsel

for defendant participated in an alternative dispute resolution session through the Court's ADR Automatic Referral Program in

Case 1:06-cv-00233-BAF

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Parsons Transportation Group, Inc. v. United States, No. 08-795C (Fed. Cl.). Counsel for plaintiffs has represented to counsel for defendant that plaintiffs consent to this request. For the

foregoing reasons, the United States respectfully requests that the Court grant this consent motion for an enlargement of time. Because our reply is currently due tomorrow, June 17, 2008, we respectfully request expedited consideration of this request. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/Bryant G. Snee by s/Brian M. Simkin BRYANT G. SNEE Deputy Director

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0342 Facsimile: (202) 514-7965

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Case 1:06-cv-00233-BAF

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June 16, 2008

OF COUNSEL: JANESSA GRADY FLEMING Senior Counsel, Litigation Office of the Chief Counsel Transportation Security Administration Arlington, VA Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on June 16, 2008, a copy of the foregoing Defendant's Second Consent Motion For An Extension Of Time To Reply To Plaintiffs' Response To Defendant's Cross-Motion For Summary Judgment, And Request For Expedited Consideration was filed electronically. I understand that notice of this filing

will be sent to all parties by operation of the Court's electronic filing system. the Court's system. s/Timothy P. McIlmail Parties may access this filing through