Free Response to Motion - District Court of Federal Claims - federal

Case 1:05-cv-00591-LMB

Document 16

Filed 02/16/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WILLIAM L. CENTERS, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) )

No. 05-591C (J. Baskir)

PLAINTIFFS RESPONSE TO DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME OUT-OF-TIME Plaintiff, by counsel, makes the following response to defendant's motion for an enlargement of time out-of-time. During a preliminary status conference on December 8, 2005, a schedule was set for the briefing of the Government's motion to dismiss. The Government was to file that motion by January 12, 2006. The Plaintiffs response was made due by February 13, 2006, and the Government's reply was made due by March 2, 2006. The Government did not file its motion to dismiss until February 14, 2006, over a month after it was due and after the due date for Plaintiffs

Case 1:05-cv-00591-LMB

Document 16

Filed 02/16/2006

Page 2 of 3

response. The Government filed its motion only after Plaintiffs counsel inquired about why the motion had not been forthcoming. Plaintiff does not believe that the Government has established any unusual circumstances necessitating its grossly belated request for enlargement of time. Nonetheless, Plaintiff sees no point in opposing the motion for enlargement and moving to strike the motion to dismiss as untimely because the Government could simply raise the same issues later during the course of the litigation. Those issues should be resolved on their merits now. Accordingly, Plaintiff does not oppose the Government's motion for an enlargement of time out-of-time. Plaintiff requests that the Court allow it until February 22, 2006, to file an opposition to the Government's motion to dismiss. Plaintiff further requests that the Government's reply remain due on March 2, 2006, as originally scheduled. Respectfully submitted, s/Steven D. Gordon STEVEN D. GORDON Holland & Knight LLP 2099 Pennsylvania Avenue, N.W. Suite 100 Washington, D.C. 20006 Phone: (202) 955-3000 Facsimile: (202) 955-5564 steven.gordon(S)hklaw.com Counsel for Plaintiff

February 16, 2006

Case 1:05-cv-00591-LMB

Document 16

Filed 02/16/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 16th day of February, 2006, a copy of the foregoing Plaintiffs Response to Defendant's Motion for an Enlargement of Time Out-of-Time 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/Steven D. Gordon

#3595624 vl