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

Case 1:05-cv-00396-MCW

Document 9

Filed 07/07/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
THOMAS L. REMPFER
and

RUSSELL E. DINGLE
Plaintiffs

No. 05-396C
(Judge Mary Ellen Coster Williams)

UNITED STATES OF AMERlCA
Defendant.

PLAINTIFFS' MOTION FOR EXTENSION OF TIME
COMES NOW the Plaintiffs Thomas L. Rempfer and Russell E. Dingle
, by and

through their undersigned counsel , to respectfully request a second extension of time in

which to respond to the Defendant's Motion to Dismiss filed May 20

, 2005. A 28 day

extension is sought until Friday, August 5 , 2005 , although it is still anticipated that a

Motion will be filed earlier or contemporaneously to stay proceedings pending the
disposition of the D. c. Circuit Court of Appeals ' decision in

Doe v. Rumsfeld , which

involves identical legal issues that may be dispositive of this case.

The undersigned remains as primary counsel to this case until such time that Mark S.
Zaid , Esq. files the appropriate papers for admission to this Court. At that time Mr. Zaid
who serves as co-counsel in

Doe v. Rumsfeld , will substitute in for the undersigned. Mr.

Zaid' s admission application is complete and he is simply awaiting receipt from the D.

Court of Appeals of his Certificate of Good Standing.

Case 1:05-cv-00396-MCW

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Filed 07/07/2005

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A further extension is sought for three primary reasons. First, plaintiff Russell Dingle
is unfortunately terminally ill with cancer and was recently hospitalized and not expected

to survive. Fortunately, he has recovered slightly and is now resting at home. However
communication with Mr. Dingle is limited given his family s desire to understandably

dominate his time. Discussions are currently underway regarding the proper continuing
role for Mr. Dingle under the circumstances.
Second , it will be the plaintiffs ' contention that this case is very much tied into the
pending D. c. Circuit appeal of

Doe et al. v. Rumsfeld et al. The deadline for the

Appellees ' brief in that appeal , which is being handled by Mr. Zaid , has been extended

until July 28 2005.

Finally, Mr. Zaid remains overwhelmed by numerous administrative and court
deadlines that pre-existed prior to this litigation. In particular, he has a July 13 2005
deadline for a Summary Judgment Motion in

Elders v. Diaz (D. Md) that involves a

Westfall Certification and the Maryland Air National Guard , and an August 1 2005
Summary Judgment deadline in

Croddv et al. v. FBI et al. (D.

), which deals with a

challenge to the u.S. Government's pre-employment polygraph policies. These two cases
have been pending since 2002 and 2000 , respectively, and these Motions will be

completely dispositive ofthe litigation. Additionally, Mr. Zaid will be on the West Coast
for business during July 142005.

Government counsel was contacted and consents to this extension. The granting of

Case 1:05-cv-00396-MCW

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Filed 07/07/2005

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this Motion will not cause any delay to any hearings or other deadlines set by this Court.

Dated: July 7 ,

2005

Isl

DA VID TAYLOR Tighe Patton Armstrong & Teasdale 1747 Pennsylvania Avenue , N. Suite 300 Washington , D. C. 20006 (202) 454- 2800

Attorney For The Plaintiffs
OF COUNSEL:

MARK S. ZAID Krieger & Zaid , PLLC 1920 N Street , N. Suite 300 Washington , D. C. 20036 (202) 454-2809