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

Case 1:05-cv-00776-MMS

Document 25

Filed 12/11/2006

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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 ENLARGEMENT OF TIME Defendant respectfully requests a one-day enlargement of time, to and including December 12, 2006, to respond to Plaintiffs' Motion For Leave To Conduct More Than Ten Depositions. Defendant's response is currently due on December 11, 2006. This is defendant's first request for enlargement of time for this purpose. Defendant's counsel has contacted plaintiffs' counsel who reports that the plaintiffs will not oppose the defendant's request for enlargement of time. Defendant has completed a substantial portion of the brief that it intends to file in response to plaintiffs' motion to depose in excess of 10 witnesses. It requests an additional day to file its response brief in order to permit United States Department of Agriculture representatives an opportunity to review the defendant's response brief and to comply with this office's internal review procedure. In addition, defendant's counsel of record was not able to begin work upon the Government's response until December 8, 2006, because of the press of other matters before this Court. Plaintiffs filed their brief on November 22, 2006, the day before Thanksgiving. During the week of November 27 through December 1, 2006, counsel for the United States devoted her time preparing for trial and trying the remand of Rose Acre Farms, Inc. v. United States, 373

Case 1:05-cv-00776-MMS

Document 25

Filed 12/11/2006

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F.3d 1177 (Fed. Cir. 2004). During the week of December 3 through 8, 2006, counsel for the United States prepared for and defended the deposition of a witness in connection with this case on December 7, 2006. She also prepared for and defended the United States at oral argument on December 8, 2006, in connection with the parties' cross-motions for summary judgment in St. Christopher Associates, L.P. v. United States, No. 03-2221C (Fed. Cl.). For the foregoing reasons, we respectfully request that the Court grant the Government's motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

/s/ David M. Cohen DAVID M. COHEN Director

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 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

DECEMBER 11, 2006

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Case 1:05-cv-00776-MMS

Document 25

Filed 12/11/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 11th day of DECEMBER, 2006, a copy of this "DEFENDANT'S UNOPPOSED REQUEST FOR ENLARGEMENT OF TIME" 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