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

Case 1:05-cv-01189-CFL

Document 52

Filed 12/03/2007

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 UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE A RESPONSE TO THE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND A CROSS-MOTION FOR SUMMARY JUDGMENT ______________ Pursuant to RCFC 6(b) and 6.1, the defendant, the United States, asks the Court asks the Court for a 14-day enlargement of time, from December 10 through December 24, 2007, inclusive, within which to file its response to the plaintiffs' motion for summary judgment and its own cross-motion for summary judgment. This is the first enlargement the defendant has sought for this purpose. The defendant's trial attorney discussed this motion with the plaintiff's attorney, who stated that she will not object to its allowance. As good cause for this motion, the defendant states that its trial attorney is now completing a brief in a complex tax-shelter case, which has required more time than he anticipated. He has not 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.

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Case 1:05-cv-01189-CFL

Document 52

Filed 12/03/2007

Page 2 of 2

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

December 24, 2007

January 21, 2008

February 11, 2008 February 22, 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 U.S. Justice Department, Tax Division Court of Federal Claims Section 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 3, 2007

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