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

Case 1:06-cv-00167-TCW

Document 35

Filed 09/12/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OTAY MESA PROPERTY L.P., et al., Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 06-167 L Hon. Lawrence M. Baskir

UNOPPOSED MOTION FOR LEAVE TO FILE UNOPPOSED MOTION FOR ENLARGEMENT OF TIME AND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT

Defendant, United States of America, hereby submits this Unopposed Motion for Leave to File Unopposed Motion for Enlargement of Time, and Unopposed Motion for Enlargement of Time to File Joint Status Report. Defendant respectfully requests to extend the deadline to file the Joint Status Report to and including September 21, 2007. Pursuant to the Court's Order of September 7, 2007, the parties are

Case 1:06-cv-00167-TCW

Document 35

Filed 09/12/2007

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scheduled to file a Joint Status Report on September 14, 2007, outlining the summary judgment issues and providing the Court with three dates for a telephonic status conference. Lead counsel for the government experienced a death in the family on September 10, 2007. Because lead counsel for the government held the power of attorney for the decedent, and is executor of the decedent's will, counsel's was absent from the office on September 10 and a portion of September 11. In addition, the hours counsel will have to devote to work matters in the immediate future have been unexpectedly limited. Because of this unexpected event, the parties were unable to file this motion before today. Accordingly, Defendant respectfully requests a brief seven day enlargement of time in order for Plaintiffs and Defendant to complete the Joint Status Report, to and including September 21, 2007.

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Case 1:06-cv-00167-TCW

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Filed 09/12/2007

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Counsel for Defendant has conferred with counsel for Plaintiffs, who has authorized Defendant to represent that it has no opposition to the granting of this motion. Dated: September 12, 2007. Respectfully submitted, RONALD J. TENPAS Acting Assistant Attorney General Environmental & Natural Resources Division

SUSAN V. COOK, Senior Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044 Tele (202) 305-0470 Fax (202) 305-0506 [email protected] Counsel for Defendant

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