Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:05-cv-00840-MMS

Document 56

Filed 09/12/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS FISHERMAN'S HARVEST, INC., et al Plaintiffs, v. WEEKS MARINE, INC. Intervenor Plaintiff v. THE UNITED STATES Defendant. § § § § § § § § § § § § § § §

NO. 05-840 C and NO. 05-1044 C (Consolidated) (Chief Judge Damich)

JURY DEMANDED

WEEKS MARINE, INC.'S MOTION FOR ENLARGEMENT OF TIME Intervenor, Weeks Marine, Inc., respectfully moves this Court to grant it a brief enlargment of time of one week to file its response to the Court's recent order of September 8, 2006. In that order, the Court requires Weeks Marine to explain the basis of its claims against the United States for contribution and indemnity. It requires Weeks Marine to file a memorandum of its position and also to adduce any evidence in support of the contribution and indemnity claims. Currently, the order requires Weeks Marine to respond within one week from the date of the order, that is, by Friday, September 15, 2006. However, all of the attorneys working on this case have prior commitments that make it extremely difficult, if not impossible, to file a meaningful response within the current one-week response period. As a result, Weeks Marine asks this Court to grant it a brief one-week extension of time, until Friday, September 22, 2006, to file the requested response. Such a brief extension will not result in any appreciable delay in this case. -1-

Case 1:05-cv-00840-MMS

Document 56

Filed 09/12/2006

Page 2 of 3

Weeks Marine has contacted the opposing attorney for the United States, and he is unopposed to the filing of this motion.

Respectfully submitted,

By:

/s/ Kenneth G. Engerrand________________ Kenneth G. Engerrand Texas Bar No. 06619500 Allen D. Hemphill Texas Bar No. 00796740 1177 West Loop South, Tenth Floor Houston, Texas 77027-9007 713-629-1580 713-629-5027 Fax

ATTORNEYS IN CHARGE FOR WEEKS MARINE , INC.

CERTIFICATE OF CONFERENCE As mentioned above, Intervenor Weeks Marine, Inc. has conferred with the attorney for the United States (the other party subject to the Court's order, and the party from whom Weeks Marine is seeking contribution and indemnity and which has itself asserted a counterclaim), and was informed that the United States does not oppose this Motion. Although this Court's September 8, 2006 order was not directed at the Plaintiffs in this case, and although they do not appear to have an interest in that order, Weeks Marine also conferred with them to determine whether they were opposed to this Motion. Two of the three Plaintiffs' attorneys stated that they were unopposed to the Motion. Only Mr. O'Finan stated that he was opposed to the Motion.

/s/ Kenneth G. Engerrand Kenneth G. Engerrand

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Case 1:05-cv-00840-MMS

Document 56

Filed 09/12/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Weeks Marine Inc.'s Motion for Enlargement of Time has been filed electronically in accordance with the rules of this Court, on this the _12th_ day of September 2006, to wit: A. Mark Faggard A. Mark Faggard, P.C. 550 Fannin Street, Suite 1141 Beaumont, Texas 77701 David Eric Bernsen Law Office of David Bernsen, P.C. P.O. Box 822 Beaumont, Texas 77704 David D'Alessandris Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Shannon T. Nash Tolleson & Nash 26510 Keith Street Spring, Texas 77373 Paul W. O'Finan 9597 Jones Road, #317 Houston, Texas 77065

/s/ Kenneth G. Engerrand_________________ Kenneth G. Engerrand

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