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

Case 1:05-cv-01043-VJW

Document 43

Filed 12/27/2006

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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 16, 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 2, 2007. Our

This is our first Plaintiffs'

request for an enlargement of time for this purpose.

counsel has been contacted and does not oppose this request for an enlargement of time. This enlargement of time is necessary because of Federal holidays and previously scheduled annual leave during the winter holiday season that will prevent agency counsel from providing the agency's recommendations, and defendant's counsel from incorporating the agency's recommendations and obtaining review of our reply brief in time for filing by January 2, 2007. For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time.

Case 1:05-cv-01043-VJW

Document 43

Filed 12/27/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director 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 December 27, 2006

2

Case 1:05-cv-01043-VJW

Document 43

Filed 12/27/2006

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CERTIFICATE OF FILING I hereby certify that on this 27th day of December 2006, 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