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

Case 1:06-cv-00096-TCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DENNIS W. JORDAN, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 06-96C (Judge Thomas C. Wheeler)

JOINT MOTION FOR AN ENLARGEMENT OF TIME TO FILE SUPPLEMENTAL BRIEFING Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiff, Dennis W. Jordan, and defendant, the United States, respectfully request that the Court grant the parties an enlargement of time of 28 days, to and including January 24, 2007, within which to file the supplemental briefing ordered by the Court on December 5, 2006. The parties' The

supplemental briefs are currently due on December 27, 2006.

parties are in agreement that an enlargement of time would be beneficial at this juncture of the litigation. On December 18, 2006, counsel discussed the possibility of resolving this matter amicably. However, due to the holiday

season and an unexpected leave of absence taken by Internal Revenue Service agency counsel, the parties have not been able to complete their settlement discussions. Accordingly, on December

21, 2006, the parties agreed to jointly request an enlargement of time that would enable the parties time to continue their discussions. Should our discussions not be successful, we

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respectfully request that our supplemental briefs be ordered due on or before January 24, 2007. Accordingly, we respectfully request that the Court grant our joint motion for an enlargement of time of 28 days, to and including January 24, 2007, within which to file our response to our supplemental briefs. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/ Kent G. Huntington KENT G. HUNTINGTON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel.: (202) 305-7561 Fax: (202) 353-7988 December 22, 2006 Attorneys for Defendant

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December 22, 2006

s/ William Mahaffey H. William Mahaffey Rothgerber Johnson & Lyons LLP 90 S. Cascade, Suite 1100 Colorado Springs, CO80903 Tel.: (719) 386-3000 Fax: (719) 386-3070

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CERTIFICATE OF FILING I hereby certify that on December 22, 2006, a copy of the foregoing "JOINT MOTION FOR AN ENLARGEMENT OF TIME TO FILE SUPPLEMENTAL BRIEFING" was filed electronically. I understand that notice of this 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/ Kent G. Huntington Kent G. Huntington