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

Case 1:05-cv-00533-MMS

Document 53

Filed 11/07/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JEFFREY G. WALLS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-533C (Judge Sweeney)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time of 23 days, through and including December 6, 2007, within which to file its reply in support of its motion to dismiss the complaint filed by plaintiff, Jeffrey G. Walls. Our reply is currently due on 13, 2007. We have contacted counsel for plaintiff who states that Mr. Walls opposes this motion. This motion is required to allow sufficient time to finish drafting, incorporate comments of agency counsel, and obtain review of our reply brief. Additionally, as the Court noted in its order dated October 30, 2007, Mr. Walls's opposition to our motion to dismiss exceeded the page limits set by the Court. Accordingly, additional time is necessary to adequately respond to Mr. Walls's longer-than-expected response to our motion. We note that this is the first enlargement of time that we have filed for this purpose and that over six months elapsed between our filing of our first motion to dismiss and the plaintiff's filing of an amended complaint, during which time Mr. Walls was granted additional time to find representation. Also, counsel has been and will be engaged in certain work that has and will prevent her from devoting the necessary amount of time to our reply brief in this case. In the United States

Case 1:05-cv-00533-MMS

Document 53

Filed 11/07/2007

Page 2 of 4

Supreme Court, counsel has been engaged in the preparation of the Government's draft opposition to the petition for writ of certiorari filed in NTN Corporation v. United States, S. Ct. No. 07-449, due November 9, 2007 (opposition to be filed December 3, 2007). In the Court of Appeals for the Federal Circuit, counsel has been engaged in preparation for oral argument in Koyo Seiko v. United States, Fed. Cir. No. 2007-1114, -1128, -1129, argument held on November 7, 2007; and will be engaged in the preparation of the Government's brief in SKF v. United States, Fed. Cir. No. 2007-1502, due on November 21, 2007. In the Court of International Trade, counsel has been engaged in preparation for oral argument in JTEKT Corp. v. United States, Ct. Int'l Trade No. 06-0250, a six-plaintiff consolidated case involving 11 distinct issues, argument held on October 30, 2007; preparation of the Government's reply brief in Corus Staal BV v. United States, Ct. Int'l Trade No. 0700221, filed November 1, 2007; and preparation of the Government's response to comments upon the remand results in Royal Thai Government v. United States, Ct. Int'l Trade No. 0200026, due November 14, 2007. Additionally, in the London Court of International Arbitration, counsel will be engaged in the preparation of the United States's reply in support of its Statement of the Case in United States v. Canada, LCIA No. 7941, due on November 28, 2007. Finally, counsel will be out of the office on November 22 through November 23, 2007 for the Thanksgiving holiday. For these reasons, we respectfully request that the Court grant our motion for enlargement of time. 2

Case 1:05-cv-00533-MMS

Document 53

Filed 11/07/2007

Page 3 of 4

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director

OF COUNSEL JOHN CLADY Lieutenant Judge Advocate General's Corps United States Navy Office of the Judge Advocate General General Litigation Washington, DC 20374

s/ Claudia Burke CLAUDIA BURKE Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L. Street, N.W. Washington, DC 20530 Tel: (202) 353-9063 Fax: (202) 514-7965 Attorneys for Defendant

November 7, 2007

3

Case 1:05-cv-00533-MMS

Document 53

Filed 11/07/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 7th day of November, 2007, a copy of the foregoing Motion for Enlargement 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/ CLAUDIA BURKE

4