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

Case 1:05-cv-01185-MCW

Document 21

Filed 11/17/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GARY NOLAN, et. al, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1185C (Judge Williams)

JOINT MOTION FOR ENLARGEMENT OF TIME, OUT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), the parties respectfully requests a 28 day enlargement of time, out of time, to and including November 17, 2006, within which to file a joint status report. The joint status report was due on October 20, 2006. This is the parties' first request for enlargement of time for this purpose. The enlargement is requested because the counsel for plaintiffs and the Government failed to properly calendar the filing deadline for the joint status report. However, the parties continued to proceed with settlement discussions during this period and, on November 10, 2006, plaintiffs forwarded a revised offer to settle the case. At this time, counsel for the parties recognized that the deadline for filing a joint status report had passed. As explained in the attached joint status report, the parties need additional time to obtain the agency's written recommendation regarding plaintiffs' settlement offer and, if appropriate, obtain approval from the authorized representative of the Attorney General to accept plaintiffs' settlement offer. We apologize to the Court for missing the filing deadline and for any resulting inconvenience.

Case 1:05-cv-01185-MCW

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Filed 11/17/2006

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For the foregoing reason, defendant respectfully requests that the Court grant this motion for an enlargement of time, out of time, of 28 days, to and including November 17, 2006, within which to file a joint status report. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Todd M. Hughes TODD M. HUGHES Associate Director

s/ Gregory K. McGillivary GREGORY K. MCGILLIVARY DAVID RICKSECKER Woodley & McGillivary 1125 15th Street, N.W., Suite 400 Washington, D.C. 20005 Tel: (202) 833-8855 Fax: (202) 452-1090 Attorneys for Plaintiffs

s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0546 Fax: (202) 514-8640 Attorneys for Defendant

November 17, 2006

Case 1:05-cv-01185-MCW

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Filed 11/17/2006

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CERTIFICATE OF FILING I hereby certify that on November 17, 2006, a copy of the foregoing "JOINT MOTION FOR ENLARGEMENT OF TIME, OUT OF TIME" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Nancy M. Kim