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

Case 1:05-cv-01043-VJW

Document 102

Filed 06/05/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) JORGE A. DELPIN-APONTE, et al., ) ) Plaintiffs, ) ) No. 05-1043C v. ) (Judge Wolski) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________)

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME Pursuant to Rule 6(b) of the Rules of this Court, defendant, the United States requests an extension of time of 14 days, through and including June 20, 2008, within which the Government may file its response to plaintiffs' motion for leave to amend the complaint. The response is currently due on June 6, 2008. This is our first request for an extension of time for this purpose. Plaintiffs' counsel indicated that plaintiffs are not opposed to this motion. This request is necessary due to a delay in drafting the Government's response based upon necessary consultations with the United States Postal Service ("USPS") and plaintiffs' counsel regarding pending motions and an appropriate schedule for further proceedings. The schedule for further proceedings may affect the Government's response to plaintiffs' amended motion for leave to amend the complaint, and the Government has requested a teleconference with the Court to establish an appropriate schedule for further summary judgment proceedings. For these reasons, we respectfully request that the Court grant the parties an extension of time of 14 days, through and June 20, 2008, within which the Government may file its response to plaintiffs' amended motion for leave to amend its complaint.

Case 1:05-cv-01043-VJW

Document 102

Filed 06/05/2008

Page 2 of 2

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director OF COUNSEL: DANIEL GARRY Attorney Law Department United States Postal Service 475 L'Enfant Plaza, SW Washington, D.C. 20260 /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 Attorneys for defendant

June 5, 2008

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