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

Case 1:05-cv-00296-FMA

Document 27

Filed 09/14/2005

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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. § § § § § § § § § § § § §

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

PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE ITS MOTION FOR SUMMARY JUDGMENT Plaintiffs hereby file this Motion for Extension of Time to File Their Motion for Summary Judgment to September 30, 2005 and in support thereof show the Court as follows: 1. The Court held a telephonic Preliminary Status Conference on August 31, 2005.

Participating in the Conference were M. Todd Welty and David Colmenero on behalf of Plaintiffs, and Grover Hartt, III and Christopher Egan, on behalf of Defendant. 2. At the Status Conference, the Court set forth a number of dates for filing various

documents with the Court, including Plaintiffs' Motion for Summary Judgment. In particular, the Court ordered that Plaintiffs' Motion for Summary Judgment would be due on or before September 30, 2005. 3. On September 1, 2005, the Court issued its written Order pursuant to that

Preliminary Status Conference. The Order incorrectly states that pursuant to the discussions held at the Status Conference, Plaintiffs' Motion for Summary Judgment is due September 20, 2005.

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Case 1:05-cv-00296-FMA

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Accordingly, Plaintiffs request that the Court either revise the Order to reflect the correct due date of September 30, 2005 for the filing of Plaintiffs' Motion for Summary Judgment or grant Plaintiffs an extension for time to file their Motion for Summary Judgment to September 30, 2005. Plaintiffs have conferred with the Government's attorney, Grover Hartt, III, who does not object to the granting of this Motion. Respectfully submitted on September 14, 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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Case 1:05-cv-00296-FMA

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Filed 09/14/2005

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CERTIFICATE OF SERVICE IT IS HERBY CERTIFIED that service of the foregoing Plaintiffs' Motion For Extension Of Time To File Its Motion For Summary Judgment has been made on the 14th day of September, 2005, by mailing a copy thereof to: Grover Hartt Tax Division U.S. Department of Justice 717 N. Hardwood, Suite 400 Dallas, Texas 75201 By: /s/ M. Todd Welty________ M. Todd Welty Texas State Bar No. 00788642

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