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

Case 1:05-cv-00396-MCW

Document 14

Filed 09/06/2005

Page 1 of 2

No. 05-396C (Judge Mary Ellen Coster Williams) ________________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________________________________ THOMAS L. REMPFER and RUSSELL E. D1NGLE, Plaintiffs, v. THE UNITED STATES, Defendant. ________________________________________________________________________ CONSENTED-TO PLAINTIFFS' MOTION FOR EXTENSION OF TIME NOW COME the plaintiffs, by and through their undersigned counsel, to respectfully move the Court for the final extension of time to on or before Tuesday, September 27, 2005, in which to coordinate with the Government on the transfer or dismissal of this action. First, plaintiffs' counsel is saddened to report to the Court that Ltc Russell E. Dingle succumbed to cancer on Sunday, September 4, 2005. He is survived by his wife and two minor children. After a sufficient mourning period, plaintiffs' counsel will be arranging with Ltc Dingle's widow to have her substituted in her capacity of estate representative. Second, following the filing of the Complaint in this case the Air Force Board for Correction of Military Records rendered a ruling on identical issues as before this Court. The plaintiffs intend to file an Amended Complaint in order to directly challenge this ruling. Third, based on a further review of the matter, the plaintiffs intend to seek a transfer of this case from this Court to that of the U.S. District Court for the District of Columbia. Plaintiffs' counsel has requested that the Government agree to file a joint motion or to consent to the plaintiffs' motion. That request is currently being considered and the initial

Case 1:05-cv-00396-MCW

Document 14

Filed 09/06/2005

Page 2 of 2

response during the discussion was perceived as favorable. The three week extension is requested due to the fact that the Government's counsel will be out of the office for the next two weeks and the parties are attempting to jointly coordinate their positions if possible. Plaintiffs' counsel discussed this request with defendant's counsel, who indicated the Government consents to the extension in light of the above circumstances. The granting of this motion shall not result in the continuance of any hearing, conference or trial. A proposed Order accompanies this Motion. Date: September 6, 2005, 2005 Respectfully submitted, s/Mark S. Zaid __________________________ Mark S. Zaid, Esq. DC Bar # 440532 Krieger & Zaid, PLLC 1920 N Street, N.W., Suite 300 Washington, DC 20036 (202) 454-2809 (202) 293-4827 fax [email protected]