Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 84

Filed 11/19/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO: 05-1043C

JORGE A. DELPIN APONTE, et al., v. UNITED STATES OF AMERICA

MOTION FOR LEAVE TO FILE MOTION DATED NOVEMBER 16, 2007 BEFORE THE HONORABLE COURT: COMES NOW plaintiffs in the above captioned complaint and as further detailed, through undersigning counsel, respectfully STATE and PRAY: 1. On Friday, November 16, 2007, the attached motion was being filed sometime mid-afternoon. Lampón & Associates staff

member Mrs. Yojaimy Morales was handling this process through the court's electronic filing system. 2. Just as Mrs. Morales completed the filing process, the

electricity in the office was interrupted for a few seconds. At the time, Mrs. Morales had seen in her computer screen a confirmation of the filing of the attached motion. 3. Later that date, we failed to receive a confirmation by e-mail of the filing of the motion. The e-mails regarding the

electronic filing of documents arrive directly to my computer and Mrs. Morales was not aware of this information.

Case 1:05-cv-01043-VJW

Document 84

Filed 11/19/2007

Page 2 of 3

4. Today, I asked Mrs.

Morales to

confirm the filing

of the

motion, which at the time she was certain that it had been filed as stated in paragraphs 1 and 2 of this motion. explained the lack of the e-mail confirmation. I

Mrs. Morales

checked the docket of the captioned case and for the first time notices that the motion does not appear as filed. 5. The attached motion is self-explanatory regarding the need to coordinate a date for the taking of Defendant's deposition. Accordingly, it is imperative for plaintiffs that the motion be considered by this Honorable Court. 6. The circumstances which lead to the motion of November 16, 2007 not being filed on said date, were beyond our control and, accordingly, we moved this Court to grant leave to file the attached motion as of November 16, 2007. WHERETORE and for the reasons stated in this motion,

plaintiffs move the Court for leave to file the motion regarding the taking of Defendant's deposition dated November 16, 2007. Respectfully submitted, S/ Santiago F. Lampon

SANTIAGO F. LAMPON LAMPÓN & ASSOCIATES PO BOX 363641 SAN JUAN, PR 00936-3641 Tel: (787) 273-6767 Fax: (787) 758-3679 Attorney for Plaintiffs

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Case 1:05-cv-01043-VJW

Document 84

Filed 11/19/2007

Page 3 of 3

November 19, 2007

CERTIFICATE OF SERVICE I hereby certify that on this 19th of November, 2007, a copy of the foregoing "Motion for Extension of Time" has been 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/ Santiago F. Lampon

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