Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:05-cv-00396-MCW

Document 7

Filed 06/15/2005

Page 1 of 3

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

No. 05-396C
RUSSELL E. DINGLE
Plaintiffs

(Judge Mary Ellen Coster Williams)

UNITED STATES OF AMERICA
Defendant.

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

through their undersigned counsel , to respectfully request an extension of time in which
to respond to the Defendant's Motion to Dismiss filed May 20 2005. An extension is
sought until Friday, July 8 , 2005 , although it is anticipated that a Motion will be filed

earlier 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 counsel is serving as counsel of record in this case only until such
time , which shall be shortly, that primary counsel , Mark S. Zaid , Esq. , has filed the

appropriate papers for admission to this Court. At that time Mr. Zaid , who serves as cocounsel in

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

Mark S. Zaid (who drafted this motion) is currently besieged by numerous
administrative and court deadlines , particularly due to the recent birth of his second child.

Case 1:05-cv-00396-MCW

Document 7

Filed 06/15/2005

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Since the time of the defendant's filing, Mr. Zaid had three hearings to prepare for that

have now been completed. He has another hearing scheduled on June 27 , 2005 , with the
DIA , a lengthy brief due to the U. S. District Court for the District of Maryland on June
, 2005 , as well as at least four other administrative filings within the next two weeks

with the DIA and NSA. All these deadlines preceded the filing of the Government's
Motion. Additionally, he has several pre-planned trips out-of- town.

Two unsuccessful attempts were made to contact Defendant's counsel via telephone
on June 1 ,

2005 and June 2 , 2005 , in order to ascertain their position on this Motion. The

granting of this Motion will not cause any delay to any hearings or other deadlines set by
this Court.
Dated: June 15 ,

2005

Isl

DAVID TAYLOR Tighe Patton Armstrong & Teasdale , PLLC 1747 Pennsylvania Avenue , No Suite 300 Washington , D. C. 20006 (202) 454- 2855
OF COUNSEL:

Attorney For The Plaintiffs

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

Case 1:05-cv-00396-MCW

Document 7

Filed 06/15/2005

Page 3 of 3

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

No. 05-396C
RUSSELL E. DINGLE
Plaintiffs

(Judge Mary Ellen Coster Williams)

UNITED STATES OF AMERICA
Defendant.

ORDER
Upon consideration of Plaintiffs ' Motion for Extension of Time within which to
file their Opposition to Defendant' s Motiont to Dismiss filed herein on May 20 , 2005

and any opposition thereto , it is hereby

ORDERED

that the time within which Plaintiffs ' may file their Opposition to

Defendant's Motion to Dismiss is extended to and including July 8 , 2005.

Mary Ellen Coster Williams Judge