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

Case 1:06-cv-00096-TCW

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Filed 09/06/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DENNIS W. JORDAN, Plaintiff, v. THE UNITED STATES, Defendant. No. 06-96 (Judge Wheeler)

PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE OUT-OF TIME RESPONSE TO DEFENDANT'S MOTION TO DISMISS

Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiff, by and through his attorney, respectfully requests that the Court grant plaintiff leave after to the file his response of the to defendant's time motion to dismiss for such

expiration

initial

specified

filing, and grant an enlargement of time of 2 days, to and including defendant's September motion 7, to 2006, within which to respond response to to We

dismiss.

Plaintiff's

defendant's motion to dismiss was due on September 5, 2006.

have contacted counsel for defendant, and he does not oppose the motion to file out-of-time, or to enlarge the time to respond by 2 days, to and including September 7, 2006. This is plaintiff's

first request to file out-of-time, and for an extension of time for this purpose.

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Case 1:06-cv-00096-TCW

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The undersigned counsel for plaintiff was prepared to file its response to defendant's motion to dismiss on September 5, 2006, but on attempting to file such motion, it was discovered that the undersigned for the did not have a password and log-on case

information

Court's

case

management/electronic

filing (CM/EFC) system. file his response to

As a result, plaintiff was unable to defendant's motion to dismiss. The

undersigned's efforts at correcting the situation were hampered by the two (2) hour time difference between the Court and the undersigned's place of residence. to file out-of-time will allow and an Allowing plaintiff's counsel of to time file in which to

enlargement counsel

respond

plaintiff's

plaintiff's

response to defendant's motion to dismiss. Plaintiff's response has been submitted concurrently with this motion for leave to file out of time. plaintiff respectfully requests that the For these reasons, Court grant this

unopposed motion for an enlargement of time of 2 days, to and including September 7, 2006, within which to file a response to defendant's motion to dismiss.

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Case 1:06-cv-00096-TCW

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Respectfully submitted,

September 6, 2006

s/ H. William Mahaffey H. WILLIAM MAHAFFEY Rothgerber Johnson & Lyons LLP Wells Fargo Tower 90 South Cascade Ave. Suite 1100 Colorado Springs, Colorado 80903-1662 Tel. (719) 386-3000 Fax. (719) 386-3070 [email protected]

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