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

Case 1:05-cv-00677-CCM

Document 9

Filed 08/19/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TAMERLANE, LIMITED, et. al, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-677C (Judge Christine O.C. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 30 days, to and including September 21, 2005, within which to respond to plaintiffs' complaint. Defendant's answer is presently due August 22, 2005. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel has authorized us to state that plaintiff does not oppose this motion. This case is one of 43 suits filed in June 2005, by various plaintiffs alleging that they are owners of rural low-income rental apartment projects who entered into loan agreements with the Farmers Home Administration, United States Department of Agriculture, pursuant to section 515 and 521 of the Housing Act of 1949 (42 U.S.C. §§ 1485, 1490a (1994)), and who allege that the Government has breached these agreements and/or has taken the plaintiffs' property without just compensation as a result of the enactment of the Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, Title II, 101 Stat. 1877 (1988) (codified at 12 U.S.C. § 17151 note (1994)), and then the Housing and Community Development Act of 1992, Pub. L. No. 102-550, 106 Stat. 3672 (1992) (codified at 42 U.S.C. § 1472(c) (1994)). In all of these cases except this one, the plaintiffs are represented by the same counsel. In these cases, the parties recently filed joint motions to stay proceedings pending completion of Administrative Dispute Resolution ("ADR") in certain other related cases, in which the plaintiffs are also represented by the same counsel. All of these requests either have been granted or are

Case 1:05-cv-00677-CCM

Document 9

Filed 08/19/2005

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pending. No stay has been requested in this case, and the Government expects to file an answer to the complaint. After being served with a copy of the complaints in these 43 cases, we promptly notified the Rural Housing Service, United States Department of Agriculture ("RHS"), the interested agency in this case, and requested litigation reports pursuant to 28 U.S.C. § 520. However, we have not yet received a litigation report for these cases. We have recently received some of the information required for the preparation of an answer to the complaint in this case, but we require additional time within which to review this information, obtain any additional information that may be necessary, and prepare the response to the complaint. For the foregoing reasons, we respectfully request that our motion for an enlargement of time be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director Filed electronically s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 305-7561 Facsimile: (202) 305-7643 Attorneys for Defendant Augunst 19, 2005 2