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

Case 1:05-cv-01232-LJB

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Filed 09/05/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DONALD J. BASNIGHT ET AL., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1232c Judge Bush

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE MOTION FOR A STAY OF PROCEEDINGS OUT OF TIME Defendant respectfully requests that the Court grant us leave to file the accompanying unopposed motion for a stay of proceedings out of time. Our motion or some other response to Plaintiffs'

plaintiffs' complaint was due on August 25, 2006.

counsel has advised us that she does not oppose this motion. As grounds for this motion, we state that, until recently, Government counsel, who is newly assigned to this case, was unaware it had been designated an electronic case. As a result,

she initially attempted to file her notice of appearance along with the unopposed motion for a stay in the traditional nonelectronic manner on August 23, 2006. The clerk's office rejected this attempted filing and advised Government counsel of the necessity for electronic filing in this case. Accordingly, we respectfully request that the

Court grant this motion for leave to file our motion for a stay of proceedings out of time.

Case 1:05-cv-01232-LJB

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Filed 09/05/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director PATRICIA M. McCARTHY Assistant Director s/Hillary A. Stern HILLARY A. STERN Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7561 Facsimile: (202) 305-7643 September 5, 2006 Attorneys for Defendant

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Case 1:05-cv-01232-LJB

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Filed 09/05/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 5th day of September 2006, I caused to be served by United States mail (first class, postage prepaid) copies of "DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE UNOPPOSED MOTION FOR A STAY OF PROCEEDINGS OUT OF TIME" addressed as follows:

Molly Elkin Woodley & McGillivary 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005 _______________________________