Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 71

Filed 07/27/2007

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 14 days, through and including August 10, 2007, within which to respond to plaintiffs' motion for class certification. Our response is currently due on July 27, 2007. This is our first 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 previously indicated that plaintiffs would be filing an amended motion for class certification prior to the due date for the Government's response to plaintiffs' original motion. Plaintiffs' counsel indicated on July 27, 2007 that, although plaintiffs still anticipate filing an amended motion, plaintiffs will be unable to do so by July 27, 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 14 days, through and including August 10, 2007, within which to file its response to plaintiffs' motion.1

In the event that plaintiffs file an amended motion during that time period, this motion will become moot.

1

Case 1:05-cv-01043-VJW

Document 71

Filed 07/27/2007

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General 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 July 27, 2007

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