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

Case 1:06-cv-00111-CCM

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Filed 08/08/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ JOHN DOE and JANE ROE for themselves ) and on behalf of all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) __________________________________________)

Civil Action No. 06-111C Judge Christine O.C. Miller

PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO REPLY TO DEFENDANT'S OPPOSITION

Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), Plaintiffs JOHN DOE and JANE ROE ("Plaintiffs") respectfully request an enlargement of time of fourteen (14) days, to and including August 23, 2006, to Reply to Defendant's Opposition to Plaintiffs' Motion for an Extension of the Continuance to Reply to Defendant's Motion for Summary Judgment to Permit Plaintiffs to Conduct Discovery, and in the Alternative, for a Denial of Defendant's Motion (the "Motion"). Pursuant to Order of this Court, dated July 31, 2006, Plaintiffs' Reply is due on or before August 9, 2006. This is Plaintiffs' first request for an enlargement of time to respond to Defendant's Opposition to the Motion. Counsel for Plaintiffs has discussed this motion with Defendant's counsel, and he indicated that he does not oppose this motion for enlargement of time. Plaintiffs request this enlargement of time because their counsel, Ira M. Lechner, is currently on a geological expedition in Siberia, Russia. Mr. Lechner is desperately attempting to manage this case, however, inconsistent e-mail and telephone service in Siberia prevents Mr.

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Case 1:06-cv-00111-CCM

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Lechner from preparing a professionally competent Reply to Defendant's Opposition in the time frame set forth in the Court's July 31, 2006 Order. Mr. Lechner will be returning from Siberia sometime next week (i.e., August 14-18) and, once he returns, will need time to review Defendant's Opposition and prepare an appropriate Reply. As such, Plaintiffs respectfully request an enlargement of time of fourteen (14) days, to and including August 23, 2006, to Reply to Defendant's Opposition. WHEREFORE, Plaintiffs respectfully move that this motion be granted. Respectfully submitted,

August 8, 2006

s/Ira M. Lechner Ira M. Lechner Attorney for Plaintiffs 19811 4th Place Escondido, CA 92029 (858) 864-2258

OF COUNSEL: Susan Tsui Grundsmann General Counsel NATIONAL FEDERATION OF FEDERAL EMPLOYEES 1016 16th Street, N.W. Washington, D.C. 20036 (202) 862-4457 FAX (202) 862-4432 Jeffrey R. Krinsk Mark A. Golovach FINKELSTEIN & KRINSK 501 West Broadway, Suite 1250 San Diego, CA 92101-3593 (619) 238-1333 Fax (619) 238-5425

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CERTIFICATE OF SERVICE I hereby certify that on August 8, 2006, a copy of the foregoing " PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO REPLY TO DEFENDANTS' OPPOSITION", 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/ Ira M. Lechner Ira M. Lechner Attorney for Plaintiffs 19811 4th Place Escondido, CA 92029 (858)864-2258