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

Case 1:05-cv-00410-MMS

Document 20

Filed 12/20/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARIO R. LOPEZ-VELAZQUEZ, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-410C (Chief Judge Damich)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, defendant, the United States, respectfully requests that the Court enlarge by 14 days, from December 20, 2005, to and including January 3, 2006, the Joint Status Report mandated by this Court's November 1, 2005 order. This is the Government's first such request. Plaintiff does not oppose this motion. Until today, undersigned counsel was unable to contact agency counsel to get the latest information about proceedings before the Air Force Board for the Correction of Military Records ("AFBCMR") since this matter was remanded to that body. Although undersigned counsel has received the assent of plaintiff's counsel to this enlargement of time, counsel for both sides have not been able to discuss, let alone agree upon, a Joint Status Report in this matter. In view of the travel common during this time of year and the consequent difficulty coordinating schedules, the parties anticipate that we will need an additional 14 days to agree upon an accurate and up-todate Joint Status Report of proceedings before the AFBCMR. The Government expects that the parties will be able to create an accurate and up-to-date Joint Status Report by January 3, 2006. Granting this enlargement should not cause any material inconvenience, prejudice, or delay. Accordingly, we respectfully request that the Court enlarge by 14 days, from

Case 1:05-cv-00410-MMS

Document 20

Filed 12/20/2005

Page 2 of 3

December 20, 2005 to and including January 3, 2006, the due date for the Joint Status Report mandated by this Court's November 1, 2005.

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Todd M. Hughes TODD M. HUGHES Assistant Director s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 514-7300 Fax: (202) 307-0972 December 20, 2005 Attorneys for Defendant

Case 1:05-cv-00410-MMS

Document 20

Filed 12/20/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 20th day of December, 2005, a copy of the foregoing DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME, was filed electronically. I understand that notice of this filing will be sent to all parties of record by the operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ James D. Colt