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

Case 1:05-cv-01043-VJW

Document 73

Filed 08/10/2007

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 UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Pursuant to Rule 6(b) of the Rules of this Court, defendant requests an enlargement of time of 21 days, through and including August 31, 2007, within which to respond to plaintiffs' motion for class certification. Our response is currently due on August 10, 2007. This is our second request for an enlargement of time for this purpose. Plaintiffs' counsel has indicated that plaintiffs are not opposed to this motion. This request is necessary because plaintiffs' counsel has indicated that plaintiffs intend to file an amended motion for class certification on or before August 14, 2007. Therefore, to avoid the duplication of effort that would accompany responding to the initial motion for class certification and an amended motion for class certification, we respectfully request that the Court grant the Government an enlargement of 21 days, through and including August 31, 2007, within which to file its response to plaintiffs' motion.1 Respectfully submitted, PETER D. KEISLER Assistant Attorney General

In the event that plaintiffs file an amended motion during that time period, the due date for the Government's response to plaintiffs amended motion would be determined in accordance with the Rules of this Court.

1

Case 1:05-cv-01043-VJW

Document 73

Filed 08/10/2007

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 August 10, 2007

-2-