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

Case 1:05-cv-01043-VJW

Document 78

Filed 09/19/2007

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 14 days, through and including October 3, 2007, within which the parties may file their joint status report ("JSR"). The JSR is currently due on September 19, 2007.1 This is our first 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 reach plaintiffs' counsel to coordinate the preparation and filing of the JSR. 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. However, plaintiffs' counsel has not responded to the e-mail or the telephonic message. For these reasons, we respectfully request that the Court grant the parties an extension of time of 14 days, through and including October 3, 2007, within which the parties may file the JSR. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

The Court has not issued any order requiring a JSR by September 19, 2007, however, the parties' prior JSR, dated June 14, 2007, indicated that they would file a JSR on or before September 19, 2007. See JSR Filed June 14, 2007.

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Case 1:05-cv-01043-VJW

Document 78

Filed 09/19/2007

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 September 19, 2007

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