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

Case 1:06-cv-00211-VJW

Document 26

Filed 05/07/2007

Page 1 of 3

THE UNITED STATES COURT OF FEDERAL CLAIMS No. 06-211 T (Judge Victor J. Wolski) _______________________________________________ JAMES R. THOMPSON, Plaintiff, v. THE UNITED STATES Defendant. ______________________________________________ MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ______________________________________________ In accordance with RCFC 6.1, the United States respectfully moves the Court to enlarge the time for defendant to respond to plaintiff's motion for partial summary judgment for a period of 28 days, to and including June 11, 2007. This is the first such motion for enlargement, and plaintiff has advised that he consents to the additional time. In support of this motion, the United States submits the following: 1. The Court's February 1, 2007, Scheduling Order provides, among other matters,

that any motions for summary judgment shall be filed by June 11, 2007. On April 16, 2007, defendant unexpectedly received a motion for partial summary judgment by plaintiff, filed the prior Friday, April 13, 2007. Defendant's response is due to be filed by May 14, 2007. RCFC 6 and 7.2(c). 2. When plaintiff's motion was received, defendant's counsel was preparing for

2443405.1

Case 1:06-cv-00211-VJW

Document 26

Filed 05/07/2007

Page 2 of 3

numerous depositions in this case, previously scheduled to take place during the weeks of April 23rd and 30th. Numerous depositions were in fact conducted in Dallas, TX and Orlando, FL during that period. 3. In the course of those depositions, the parties discussed a possible means to settle

this case, either partially, or fully. Their discussions are continuing. In addition, defendant is engaged in discussions with the Internal Revenue Service and within the Department of Justice, regarding the resolution of this case. 4. The time spent preparing for and conducting depositions, and the time needed to

conduct the necessary discussions regarding the settlement of this case will require an enlargement of time for defendant to file its response to plaintiff's motion, through June 11, 2007. This is the same date by which the Court's Scheduling Order provides that motions for summary judgment shall be filed. The requested enlargement will not affect the remaining pretrial schedule. Respectfully submitted,

May 7, 2007

s/ Jeffrey R. Malo JEFFREY R. MALO Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 305-7539 Fax: (202) 514-9440 Email: [email protected]

2443405.1

Case 1:06-cv-00211-VJW

Document 26

Filed 05/07/2007

Page 3 of 3

EILEEN J. O'CONNOR
Assistant Attorney General

DAVID D. GUSTAFSON
Chief, Court of Federal Claims Section

STEVEN FRAHM
Assistant Chief, Court of Federal Claims Section

May 7, 2007

s/ Steven Frahm Of Counsel

2443405.1