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

Case 1:05-cv-00965-MMS

Document 46

Filed 04/16/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CEBE FARMS, IND., et al., Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-965C (Judge Sweeney)

DEFENDANT'S CONSENT MOTION FOR AN ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR JUDGMENT UPON THE PLEADINGS Defendant, the United States, respectfully requests that the Court grant an enlargement of time of eight days, to and including Monday, May 6, 2008, within which defendant may reply to plaintiffs' response to Defendant's Motion For Judgment Upon The Pleadings. Defendant's reply is due by April 28, 2008. This is defendant's first request for an enlargement of time for this purpose. We request the enlargement because lead counsel for defendant is scheduled to travel to Portland, Oregon, from April 22 to May 1, 2008, to take and defend depositions in White Buffalo Construction Corp. v. United States, No. 99-961C (Fed. Cl.). Lead counsel for defendant also must respond to an informal brief in Boncelet v. OPM, No. 2008-3284 (Fed. Cir.), by April 21, 2008 (the Government's brief is actually due on April 30, 2008, but lead counsel for defendant must file that brief before his April 22, 2008 departure for Oregon).

Case 1:05-cv-00965-MMS

Document 46

Filed 04/16/2008

Page 2 of 3

Counsel for plaintiffs has represented to counsel for defendant that plaintiffs consent to this request. For the foregoing reasons, the United States respectfully requests that the Court grant this consent motion for an enlargement of time of eight days, to May 6, 2008, within which defendant may reply to plaintiffs' response to Defendant's Motion For Judgment Upon The Pleadings. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

OF COUNSEL: RICK HERNDON United States Department of Agriculture Office of General Counsel 1400 Independence Ave., S.W. Washington, D.C. 20250

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0342 Facsimile: (202) 514-7965 Attorneys for Defendant

April 16, 2008 -2-

Case 1:05-cv-00965-MMS

Document 46

Filed 04/16/2008

Page 3 of 3

Certificate of Filing I hereby certify that on April 16, 2008, a copy of the foregoing Defendant's Consent Motion For An Enlargement Of Time To Reply To Plaintiffs' Response To Defendant's Motion For Judgment Upon The Pleadings 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. Parties may access this filing through the Court's system.

s/Timothy P. McIlmail