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

Case 1:05-cv-01189-CFL

Document 54

Filed 12/10/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1189 T (Judge Charles F. Lettow)

THOMAS H. McGANN and EVELYN G. McGANN, Plaintiffs, v. THE UNITED STATES, Defendant. ______________ DEFENDANT'S SECOND UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE A RESPONSE TO THE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND A CROSSMOTION FOR SUMMARY JUDGMENT ______________ Pursuant to RCFC 6(b) and 6.1, the defendant, the United States, asks the Court for a 14day enlargement of time, from December 24, 2007, through January 7, 2008, inclusive, within which to file its response to the plaintiffs' motion for summary judgment and its own crossmotion for summary judgment. This is the second enlargement the defendant has sought for this purpose, the first having been granted for 14 days. The defendant's trial attorney discussed this motion with the plaintiffs' attorney, who stated that she will not object to its allowance. As good cause for this motion, the defendant states that its trial attorney sought the first 14-day extension in the belief that he would be able to begin work on the brief soon. Since then, he has been working on a brief in a tax-shelter case that has been reviewed by several offices and departments of the Government and has required multiple drafts. As a consequence, he has not

-1-

Case 1:05-cv-01189-CFL

Document 54

Filed 12/10/2007

Page 2 of 2

yet begun his response and cross-motion in the present case and will not be able to complete the brief in the time remaining with the completeness that the case deserves. The defendant will request no further extensions absent extraordinary circumstances. If the Court allows the motion, deadlines for the remaining filings and proceedings would all advance by 14 days as follows: Event Government's response, which may include a crossmotion for summary judgment Plaintiffs' response to government's cross-motion and reply to government's response to plaintiffs' motion Government's reply to plaintiffs' response to government's cross-motion Closing argument Date

January 7, 2008

February 4, 2008

February 25, 2008 March 7, 2008, at 2:00 P.M. EST (telephonic)

WHEREFORE the defendant asks the Court to grant this motion. Respectfully submitted, s/ Robert Stoddart ROBERT STODDART Justice Department (Tax) P. O. Box 26; Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440

RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/ Steven I. Frahm Of counsel

December 10, 2007

-2-