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

Case 1:05-cv-00296-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRAPEVINE IMPORTS, LTD., a Texas Limited Partnership, T-TECH, INC., a Texas Corporation as Tax Matters Partner Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT DUE TO THE DECISION IN AD GLOBAL Plaintiffs Grapevine Imports, Ltd., a Texas limited partnership and T-Tech, Inc., a Texas corporation ("Plaintiffs") file this Motion for Extension of Time to File Motion for Summary Judgment and request the Court to extend the deadline for filing their Motion for Summary Judgment an additional three weeks until Friday, October 21, 2005. Plaintiffs request this extension to permit counsel § § § § § § § § § § §

Case No. 05-296T Judge Francis M. Allegra

adequate time to review and brief the recent decision in the AD Global Case. In support of this Motion, Plaintiffs will show the Court as follows: 1. The Court has ordered Plaintiffs to file their Motion for Summary

Judgment relating to the statute of limitations (the "Motion for Summary Judgment") on or before September 30, 2005.

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2.

On Tuesday, September 20, 2005, only eight business days before the

Court's deadline, counsel for Plaintiffs received Judge Miller's opinion in the case numbered and styled AD Global Fund, LLC v. United States, case no. 04-336T in the United States Court of Federal Claims (the "AD Global Case") via overnight mail. 3. As the Court is aware, the AD Global Case addresses issues that will

be pending before and decided by this Court in Plaintiffs' anticipated Motion for Summary Judgment. Through this instant Motion, Plaintiffs request the

opportunity to review and analyze Judge Miller's opinion in the AD Global Case thoroughly before filing their Motion for Summary Judgment. Judge Miller's opinion is lengthy (approximately sixty pages) and complex. The decision in the AD Global Case demands counsel's time and attention so that Plaintiffs can adequately address the decision in the brief supporting their Motion for Summary Judgment. 4. Plaintiffs believe an additional three weeks is sufficient to permit the

necessary analysis and briefing. 5. Plaintiffs' counsel has been unable to reach Defendant's counsel

regarding the relief sought in this Motion; however, the possible need for an extension in light of the then-anticipated decision in AD Global was discussed during the conference with the Court regarding the Joint Preliminary Status Report.
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6.

Plaintiffs seek this extension in the interests of justice and judicial

economy and not for the purpose of delay. 7. Therefore, Plaintiffs request that the Court extend the deadline for

filing their Motion for Summary Judgment for three additional weeks until Friday, October 21, 2005. Plaintiffs request all such further and additional relief to which they may be entitled. Respectfully submitted on September 21, 2005 By: /s/ M. Todd Welty M. Todd Welty Texas State Bar No. 00788642 Josh O. Ungerman Texas State Bar No. 20393150 David E. Colmenero Texas State Bar No. 24001908

MEADOWS, OWENS, COLLIER, REED COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, TX 75202 (214) 744-3700 Telephone (214) 747-3732 Facsimile [email protected] [email protected] [email protected] ATTORNEYS-IN-CHARGE FOR PLAINTIFFS

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CERTIFICATE OF CONFERENCE I certify that on or about September 21, 2005, I attempted to confer with counsel for Defendant Grover Hartt, III regarding the relief sought in this Motion. Mr. Hartt's voicemail indicated that he would be out of the office through Friday, September 23, 2005. By: /s/ M. Todd Welty M. Todd Welty

CERTIFICATE OF SERVICE I hereby certify that on September 21, 2005, I served a true and correct copy of the foregoing pleading via First Class United States Mail in accordance with the Rules of the Court of Federal Claims to the following counsel of record: Grover Hartt, III United States Department of Justice--Tax Division 717 N. Harwood, Ste. 400 Dallas, TX 75201 By: /s/ M. Todd Welty M. Todd Welty

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