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

Case 1:05-cv-00367-ECH

Document 29

Filed 06/01/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-367 L into which have been consolidated Nos. 05-484 L, 05-537 L, 05-1082 L, 05-1083 L, 05-1173 L, and 05-1175 L (E-filed: June 1, 2006) ) GERALD E. ROTH, et. al., ) ) Plaintiffs, ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) _________________________________________ )

Honorable Emily C. Hewitt

UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE DEFENDANT'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO DISMISS Defendant UNITED STATES hereby moves pursuant to RCFC 6(b) for a enlargement of time of fourteen (14) days from the current deadline, to and including Monday, June 19, 2006, in which to file its reply memorandum in support of its motion to dismiss. The reply is currently due on Monday, June 5, 2006. This is defendant's first request for an extension of time to file its reply memorandum in support of its motion to dismiss. This enlargement of time is necessary because the United States Department of the Navy ("Navy") recently assigned new counsel to this case due to the imminent retirement of Stephen Banks. As such, defendant requires additional time to coordinate the reply with agency counsel. Additionally, defendant requires additional time to fully respond to plaintiffs' allegation that the Navy engaged in misconduct and misrepresentations, which, according to plaintiffs, should result in a tolling of the applicable six-year statute of limitations.

Case 1:05-cv-00367-ECH

Document 29

Filed 06/01/2006

Page 2 of 2

Counsel for plaintiffs has authorized counsel for defendant to represent that plaintiffs have no objection to the granting of this motion for an enlargement of time. Accordingly, defendant respectfully moves for an enlargement of time of fourteen (14) days from the current deadline, or to and including June 19, 2006, in which to file its reply memorandum its support of its motion to dismiss.

Dated: June 1, 2006

Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment & Natural Resources Division

s/ Kelle S. Acock _______________________________ KELLE S. ACOCK Natural Resources Section Environment & Natural Resources Division Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Tel: 202-305-0428 Fax: 202-305-0506 Email: [email protected]

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