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

Case 1:06-cv-00116-NBF

Document 66

Filed 08/25/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CALIFORNIA OREGON BROADCASTING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-116C Judge Firestone

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO SUBMIT JOINT STATUS REPORT Pursuant to Rule 6(b), defendant hereby respectfully submits this request for an enlargement of time of eight days, to and including September 2, 2008, in which to submit a joint status report, or, if warranted, a joint stipulation of dismissal. Defendant requests that the case remained stayed until that time. Defendant's counsel has left word with plaintiff's counsel's secretary advising of her intention to file this motion for enlargement. Pursuant to this Court's order of July 3, 2008, the deadline for the parties to submit a joint status report in this matter is today, August 25, 2008. In anticipation of the filing of a joint status report in this case, plaintiff's counsel confirmed to defendant's counsel after close of business on the East Coast on Friday, August 22, that the Judgment Fund has made payment upon the settlement agreement executed in this matter. Defendant has proposed that the parties proceed by way of a joint stipulation of dismissal, and supplied plaintiff's counsel with a draft stipulation this afternoon. Plaintiff's counsel has informed defendant that he is checking with his client regarding the dismissal. Despite their best efforts, due to scheduling constraints and the time difference, the parties have been unable to discuss these matters at length with each other during East Coast business hours today. An enlargement of time is necessary to allow the

Case 1:06-cv-00116-NBF

Document 66

Filed 08/25/2008

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defendant additional time to coordinate with plaintiff's counsel regarding the contents of their joint submission to this Court, whatever form that submission may take. Accordingly, defendant respectfully requests an enlargement of time of eight days, to and including September 2, 2008, within which the parties may file either a joint status report or a joint stipulation of dismissal, and that the stay in this matter remain in place during that time. Respectfully submitted, GREGORY S. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director

s/ A. Bondurant Eley A. BONDURANT ELEY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 616-8254 fax: (202) 514-8624 OF COUNSEL: Suzanne Boyce Carlson Office of the Solicitor Pacific Southwest Region 1111 Jackson Street, Suite 735 Oakland, California 94607

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Case 1:06-cv-00116-NBF

Document 66

Filed 08/25/2008

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August 25, 2008

Attorneys for Defendant

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Case 1:06-cv-00116-NBF

Document 66

Filed 08/25/2008

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Certificate of Filing I hereby certify that on this 25th day of August, 2008, a copy of the Defendant's Motion for Enlargement Of Time To Submit Joint Status Report 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. Parties may access this filing through the Court's system. s/ A. Bondurant Eley

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