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

Case 1:05-cv-01119-SGB

Document 25

Filed 10/02/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS 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. Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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

MOTION FOR ENLARGEMENT OF TIME IN WHICH TO FILE DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT _____________________________________________________________________________ Defendant, United States of America, hereby moves for an enlargement of time of two business days, or to and including October 4, 2006, for the filing of the United States' Motion to Dismiss Plaintiffs' First Amended Complaint. At present, Defendant's Motion is due October 2, 2006, pursuant to the Court's order of September 8, 2006. No previous enlargements of time of this deadline have been requested. Defendant regrets the inconvenience that might befall the Court due to the proximity of this motion to the due date of Defendant's Motion to Dismiss. Of course, Defendant worked diligently to complete the Motion by its original due date. Nonetheless, today's holiday, Yom Kippur, has necessitated that Defendant request this additional time. Further, the two additional

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Case 1:05-cv-01119-SGB

Document 25

Filed 10/02/2006

Page 2 of 2

days will not unduly prejudice Plaintiffs because, per the September 8, 2006 order, the due date of their response is indexed to the date they receive the Motion. On October 2, 2006, counsel for the Defendant conferred with counsel for the Plaintiffs who indicated that they do not object to this enlargement. WHEREFORE, Defendant respectfully requests a two day enlargement of time in which to file its Motion to Dismiss. Dated: October 2, 2006

SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division

s/ Fred 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 Telephone: (202) 616-9649 Fax: (202) 616-9667

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