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

Case 1:05-cv-01119-SGB

Document 56

Filed 02/13/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) ROCCO TOMMASEO, and THOMAS TOMMASEO, and ROCKY AND CARLO, INC., and STEVEN BORDELON, husband of, and CYNTHIA BORDELON and, STEVE'S MOBILE HOME & R.V. REPAIR, INC., et al.,

No. 05-1119L Hon. Susan G. Braden

UNOPPOSED MOTION FOR ENLARGEMENT OF TIME IN WHICH TO FILE RESPONSE TO PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT Defendant, United States, hereby moves for an enlargement of time of 10 days, or to and including February 29, 2008, for the filing of its response to Plaintiffs' Second Amended Class Action Complaint ("Second Amended Complaint"). On January 31, 2008, this Court granted Plaintiffs leave to file their Second Amended Complaint. Docket No. 54. That same day, Plaintiffs filed their Second Amended Complaint. Docket No. 55. On February 2, 2008, the Court set February 19, 2008 as the deadline for Defendant's response to the Second Amended Complaint. No previous enlargements of time for this response have been requested. This case arises out of the construction and maintenance of the Mississippi River Gulf Outlet ("MRGO") adjacent to St. Bernard Parish, Louisiana. See 2nd Am. Compl. at 13. Plaintiffs allege that the United States is liable for a taking under the Fifth Amendment to the 1

Case 1:05-cv-01119-SGB

Document 56

Filed 02/13/2008

Page 2 of 2

United States Constitution because the MRGO has allegedly worsened flooding in certain parts of St. Bernard Parish. See, e.g., 2nd Am. Compl. at ¶¶ 1, 13-14. Plaintiffs' Second Amended Complaint raises technical and complicated issues which can only be addressed by Corps personnel; thus, additional time is required to ensure circulation of the Second Amended Complaint to appropriate personnel. Additionally, Defendant's counsel of record has been out of the office on another case since the filing of Plaintiffs' Second Amended Complaint. Accordingly, Defendant requests this 10-day enlargement of time. Counsel for Defendant has conferred with counsel for Plaintiffs who has indicated that Plaintiffs do not object to this enlargement. WHEREFORE, Defendant requests an enlargement of time of 10 days, or to and including February 29, 2008, for the filing of its response to the Second Amended Complaint. Respectfully submitted this 13th day of February, 2008,

RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division

s/ Fred R. Disheroon by Mark T. Romley Fred R. Disheroon, Special Litigation Counsel Mark T. Romley, Trial Attorney Natural Resources Section Environment and Natural Resources Division U.S. Department of Justice 601 D St. N.W., Room 3022 Washington D.C. 20004 (202) 616-9649

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