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

Case 1:05-cv-00400-FMA

Document 56

Filed 09/15/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
STOVALL ) ) ) ) ) ) )

v.

No. 05-400C (Judge Allegra)

USA

UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE BRIEF

COMES NOW, Michael Stovall, Plaintiff, and files this UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE BRIEF and would show upon the Court the following: 1. Pursuant to this Court's, order Plaintiff is to file a brief regarding

discovery and the need for certain production of documents by September 14, 2007.

2.

Plaintiff is in need of additional time to file said brief due to

Counsel's trial schedule in the United District Court for the Western District of Texas and the State District Court of Texas. 4. Counsel has been preparing for trial in State of Texas v.

McAlister, CAUSE # S 2006-CR-8436A which was scheduled to begin September 14, 2007, but which is now on call for the week of September 17, 2007. 5. Counsel also has been preparing for trial in McGinnis v. Bexar

County Information Systems, CIVIL ACTION NO. SA-05-CA-1217(PAM) which scheduled for trial on September 17, 2007.
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Case 1:05-cv-00400-FMA

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3.

Counsel has discussed THIS MOTION with Defendant's

Counsel, Mr. Wolak, and he is unopposed to this motion. 4. This motion is not made for delay but rather it is made in the

interest of justice. 5. Plaintiff will further note that at the time of writing of said

motion it is approximately 11:30 PM, CST and 12:30 PST, which means of course that this filing is approximately 30 minutes past September 14, 2007 the date said brief was due. Counsel prays the Court consider this motion timely filed. 6. Plaintiff prays that the time to file his brief be extended by 30

days until September 14, 2007.
Respectfully submitted, James W. Myart, Jr., P.C. 306 Preston Avenue San Antonio, Texas 78210 Phone: (210) 533-9561 Fax: (210) 533-4815 By:/s/______________________ James W. Myart, Jr. D. C. Bar No. TX 0021 Attorney for Plaintiff

DATE: September 14, 2007

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CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument was served upon Mr. Devin Wolak via facsimile transmission and/or e-mail and/or first class mail on this 14h day of September, 2007. /s/______ _______________

James W. Myart, Jr.

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Case 1:05-cv-00400-FMA

Document 56

Filed 09/15/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
STOVALL ) ) ) ) ) ) )

v.

No. 05-400C (Judge Allegra)

USA

PROPOSED ORDER Plaintiff shall file the required brief by October 15, 2007.

_________________________ Judge Francis Allegra

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