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

Case 1:05-cv-00396-MCW

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Filed 08/05/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THOMAS L. REMPFER and RUSSELL E. DINGLE

Plaintiffs

No. 05- 396C

) Judge Mary Ellen Coster Williams

THE UNITED STATES
Defendant.

CONSENTED- TO PLAINTIFFS' MOTION FOR EXTENSION OF TIME
COME NOW the plaintiffs , by and through their undersigned counsel , to respectfully

move the Court for what is intended to be the final extension of time in which to submit
their response to the defendant' s Motion to Dismiss , to on or before Tuesday, September
2005.
As the Court knows , this case involves questions regarding military orders to accept

anthrax vaccine inoculations and two former members of the Connecticut Air National
who refused to do so , and the impact thereof upon their careers. From the plaintiffs
perspective , it is very much related to a pending appeal filed by the Government before
the D. c. Circuit (Appeal No. 04- 5440) in
Action No. 03- 707

John Doe et aI. v. Dep t of Defense et aI. , Civil

(EGS), in which there are reported decisions at 297 F. Supp. 2d 119
C. 2004). The Appellees , who are represented

(D.

C. 2003) and 341 F. Supp. 2d 1 (D.

by the plaintiffs ' counsel , Mark S. Zaid , filed their Opposition Brief on July 29 , 2005

which was a significant part of the reason why extensions have been previously requested
in this case.

Mr. Zaid filed last month the appropriate paperwork for formal admission before this
Court , and assuming it is approved, will be substituted as primary counsel of record in

Case 1:05-cv-00396-MCW

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place of Mr. David Taylor. In any event , Mr. Zaid seeks what is intended to be , absent
some major unforeseen emergency, a final extension request. The reasons are as follows.
First , as mentioned above , Mr. Zaid needed to complete the D. C. Circuit brief in the
related

Doe case. Additionally, he is still facing several other previously scheduled

briefing deadlines , all of which have also been granted extensions and continue to be

addressed in the same order. Briefs are due before the D. C. Superior Court on August 5
2005 , and the U. S. District Court for the District of Columbia on August 8 2005 , and
August 31 ,

2005. The latter brief, which is due in

Croddv et eI. v. FBI et aI. , Civil Action

No. 00- 0651

(EGS), is the culmination of five years worth of briefings and discovery in a

challenge to the federal governments pre-employment polygraph program , and has been
requiring a significant undertaking of work.

Second , Mr. Zaid will be away on a previously scheduled vacation from

August 13-

, 2005 , though he intends to unfortunately make it a working vacation.

Plaintiffs ' counsel discussed has this request with defendant' s counsel , who indicated

the Government consents to this request. The granting of this motion shall not result in
the continuance of any hearing, conference or trial. I

Date: August 5 2005

Respectfully submitted

C. Bar #91280 Tighe Patton Armstrong Teasdale , PLLC 1747 Pennsylvania Avenue , N. , Suite 300 Washington , D. C. 20006 (202) 454- 2855 dtay lor~tighepatton. com

1 For the Court' s information , though the terminal prognosis for plaintiff Dingle has not

changed , and is not expected to change , we are at least pleased to report that he has experienced a slight rebound and is resting at home.

Case 1:05-cv-00396-MCW

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Of Counsel:

Mark S. Zaid , Esq. DC Bar # 440532 Krieger & Zaid , PLLC 1920 N Street , N. , Suite 300 Washington , DC 20036 (202) 454- 2809 ZaidMS~aoI.com