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

Case 1:05-cv-01043-VJW

Document 80

Filed 10/03/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JORGE A. DELPIN-APONTE, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1043C (Judge Wolski)

DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT Pursuant to Rule 6(b) of the Rules of this Court, defendant requests an extension of time of nine days, through and including October 12, 2007, within which the parties may file their joint status report ("JSR"). The JSR is currently due on October 3, 2007. This is our second request for an extension of time for this purpose. Plaintiffs' counsel could not be reached to determine whether plaintiffs are opposed to this motion. This request is necessary because Government counsel has not been able to coordinate the preparation and filing of the JSR with counsel for plaintiffs. As indicated previously, Government counsel sent to plaintiffs' counsel a draft JSR by e-mail on September 13, 2007, and left a telephonic message for plaintiffs' counsel on September 18, 2007 regarding the JSR, originally due on September 19, 2007. Plaintiffs did not respond until September 25, 2007. Since that time, the parties have discussed possible revisions. However, counsel for plaintiffs is currently out of the office and will be out of the office through October 5, 2007, making further coordination of the joint status report difficult. For these reasons, we respectfully request that the Court grant the parties an extension of time of nine days, through and including October 12, 2007, within which the parties may file the JSR. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:05-cv-01043-VJW

Document 80

Filed 10/03/2007

Page 2 of 2

JEANNE E. DAVIDSON Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director /s/ Michael Dierberg MICHAEL DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Class. Unit, 8TH Floor 1100 L Street, N.W. Washington, D.C. 20530

Of Counsel: DANIEL GARRY Attorney Law Department United States Postal Service 475 L'Enfant Plaza, SW Washington, D.C. 20260 October 3, 2007

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