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

Case 1:05-cv-01043-VJW

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Filed 01/11/2007

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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 AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests an enlargement of time of 14 days, to and including January 30, 2007, within which to reply to plaintiffs' response to our partial motion to dismiss and motion for summary judgment. response is presently due on January 16, 2007. This is our Our

second request for an enlargement of time for this purpose. Plaintiffs' counsel has been contacted and does not oppose this request for an enlargement of time. This enlargement of time is necessary because defendant's counsel had not received until today the agency's recommendations regarding plaintiffs' response and lengthy appendix. Agency

counsel currently acts in a dual capacity as office manager for her office and unexpectedly was required to handle other timesensitive issues. In addition, the agency required two levels of Defendant's

approval prior to furnishing its recommendations.

counsel received the agency's recommendations on January 11, 2007.

Case 1:05-cv-01043-VJW

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Filed 01/11/2007

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However, since our prior motion for an enlargement of time, a deposition was noticed for January 11, 2007, in Moreno v. United States, No. 05-142C (Fed. Cl.), requiring the immediate attention, preparation and attendance of defendant's counsel. Defendant's counsel is also responsible for additional discovery production in Moreno and a related case prior to the close of discovery on January 15, 2007, and for filing a response brief in Martin v. Department of Transportation, No. 06-3397 (Fed. Cir.), on January 18, 2007. Finally, in addition to these other

responsibilities, defendant's counsel requires time to review carefully and incorporate the agency's recommendations, and obtain review of our reply brief prior to filing. For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director

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Case 1:05-cv-01043-VJW

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s/ Jeffrey S. Pease JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 353-7991 Fax: (202) 514-8624 Attorneys for Defendant January 11, 2007

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Case 1:05-cv-01043-VJW

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CERTIFICATE OF FILING I hereby certify that on this 11th day of January 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that

notice of this filing will be sent to all parties by operation of the Court's electronic filing system. filing through the Court's system. Parties may access this

s/ Jeffrey S. Pease