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

Case 1:05-cv-01223-FMA

Document 34

Filed 09/19/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

No. 05-1223 T (Judge Francis M. Allegra) CLEARMEADOW INVESTMENTS, LLC & CLEARMEADOW CAPITAL CORP., TAX MATTERS PARTNER, Plaintiff, v. THE UNITED STATES OF AMERICA Defendant

PLAINTIFF'S MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE A RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Pursuant to RCFC 6(b) and 6.1, Plaintiff, Clearmeadow Investments, LLC, Clearmeadow Capital Corp., Tax Matters Partner, asks the Court for a thirty (30) day enlargement of time, from September 24, 2007 through October 24, 2007, inclusive, within which to file its response to Defendant's Motion for Summary Judgment. This is the first enlargement Plaintiff has sought for this purpose. The Plaintiff's attorney has discussed this motion with the Defendant's attorney, who stated that he will not object to its allowance. As good cause for this motion, Plaintiff states the following: 1. Plaintiff's attorney has been unavailable to respond to Defendant's Motion due to

Plaintiff's attorney's participation in a District Court proceeding in Kansas City.

Case 1:05-cv-01223-FMA

Document 34

Filed 09/19/2007

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Plaintiff's attorney has also been unavailable to respond to Defendant's Motion

for Summary Judgment due to Plaintiff's attorney's involvement in an administrative resolution of a pending Tax Court matter before the IRS appeals division. 3. This case is factually complex and presents intricate legal issues which require

Plaintiff's attorney's full attention, which until now has not been possible due to Plaintiff's attorney's other commitments. 4. Because of Defendant's voluminous proposed findings of fact and summary

judgment motion, which requires careful review and response, as required under the RCFC 56, Plaintiff's trial attorney is requesting an enlargement of time for an additional thirty (30) days. WHEREFORE the Plaintiff requests that the Court grant this motion. Respectfully submitted,

Date: September 19, 2007

/s/: Thomas C. Pliske Thomas C. Pliske Attorney at Law 16 Bridle Spur Court St. Charles, MO 63303-4400 314-795-7800 telephone 314-872-7374 facsimile

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