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

Case 1:05-cv-00776-MMS

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Filed 08/28/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AG-INNOVATIONS, INC., LARRY FAILLACE, LINDA FAILLACE, and HOUGHTON FREEMAN, Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-776C (Judge Sweeney)

DEFENDANT'S UNOPPOSED REQUEST FOR AN ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND DEFENDANT'S OPPOSITION TO PLAINTIFFS' CROSS-MOTION TO COMPEL THE UNITED STATES TO IDENTIFY AND PRODUCE A RULE 30(b)(6) DESIGNEE(S) ON CERTAIN TOPICS Defendant respectfully requests the Court to grant an enlargement of time of 15 days, to and including September 12, 2007, to file its reply to plaintiffs' opposition to defendant's motion for protective order to preclude the taking of a Rule 30(b)(6) deposition on certain topics. The defendant also respectfully requests the Court to grant an enlargement of time of eight days, to and including September 12, 2007, to file its response to plaintiffs' cross-motion to compel the United States to identify and produce a Rule 30(b)(6) designee(s) on certain topics. Defendant's reply brief is currently due on August 28, 2007, and defendant's opposition brief is currently due on September 4, 2007. This is the defendant's first request for an enlargement of time for this purpose. Defendant has contacted plaintiffs' counsel who represents that plaintiffs will not oppose the Government's motion for enlargement of time. Plaintiffs filed two briefs on August 16, 2007, which appear to be exactly the same. One brief was filed in opposition to the Government's motion for protective order and the other brief was filed as a cross-motion for summary judgment. Counsel for the Government was out of the office on leave on August 16 through August 21, 2007. Accordingly, she was unable to review

Case 1:05-cv-00776-MMS

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plaintiffs' briefs until her return to the office on August 22, 2007. Since August 22, 2007, counsel for the Government has been required to attend to numerous other matters, including multiple outstanding discovery requests in connection with this case, pretrial matters in connection with Innovair Aviation, Ltd. v. United States, No. 96-408C, and post-trial matters in connection with Rose Acre Farms, Inc. v. United States, No. 92-710C. In addition, another Department of Justice attorney who has been assisting the Government's counsel of record in this case will be out of the office from August 27, 2007, until September 4, 2007. During the next two weeks, counsel for the Government will be required to prepare one of the Government's Rule 30(b)(6) designees, Dr. John Clifford, to testify in a deposition on August 31, 2007, on one of the topics in connection with the Rule 30(b)(6) deposition notice that is the subject of the parties' cross-motions. Moreover, counsel for the Government will travel to Vermont to visit the two farms owned by the plaintiffs in this case from the afternoon of September 5, 2007, through September 7, 2007. We request this additional time so that Government counsel may attend to these other matters, as well as prepare the Government's briefs in this case. For the foregoing reasons, we respectfully request the Court to grant the Government's motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ Jeanne E. Davidson by Bryant G. Snee JEANNE E. DAVIDSON Director

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Case 1:05-cv-00776-MMS

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

/s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel ROBERT CHANDLER Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0282 Facsimile: (202) 514-8624 Attorneys for Defendant

AUGUST 28, 2007

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Case 1:05-cv-00776-MMS

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CERTIFICATE OF FILING I hereby certify that on this 28th day of AUGUST, 2007, a copy of this "DEFENDANT'S UNOPPOSED REQUEST FOR AN ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND DEFENDANT'S OPPOSITION TO PLAINTIFFS' CROSS-MOTION TO COMPEL THE UNITED STATES TO IDENTIFY AND PRODUCE A RULE 30(b)(6) DESIGNEE(S) ON CERTAIN TOPICS" was filed e1ectronicaly. 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/ Sheryl L. Floyd