Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:06-cv-00116-NBF

Document 48

Filed 02/08/2008

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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

JOINT MOTION FOR LEAVE OF COURT TO FILE OUT OF TIME JOINT STATUS REPORT Pursuant to Rule 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, the parties respectfully request leave to file their joint status report out of time. On December 17, 2007, this Court entered an order staying this matter for 30 days and requiring the parties to file a joint status report on or before January 14, 2008. However, both defendant's counsel and plaintiff's counsel inadvertently missed the deadline for filing the joint status report. Defendant's counsel was unaware of the missed deadline until she received a call from Judge Firestone's assistant on or around January 30, 2008, reporting that a joint status report had not been received. We apologize for the oversight. Defendant's counsel promptly called plaintiff's counsel and agency counsel that same day to coordinate filing a joint status report as soon as possible. Accordingly, the parties respectfully request that the Court allow them to file their joint status report out of time. We regret this error and will take steps to ensure that it will not occur in the future.

Case 1:06-cv-00116-NBF

Document 48

Filed 02/08/2008

Page 2 of 2

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick MARK A. MELNICK Assistant Director s/Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 305-3689 fax: (202) 305-7643 OF COUNSEL: Suzanne Boyce Carlson Office of the Solicitor Pacific Southwest Region 1111 Jackson Street, Suite 735 Oakland, California 94607 February 8, 2008 Attorneys for Defendant

s/Neil H. O'Donnell NEIL H. O'DONNELL Rogers Joseph O'Donnell & Phillips 311 California Street San Francisco, California 94104 Tel. (415) 956-2828 Fax (415) 956-6457 Attorney for Plaintiff

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