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

Case 1:05-cv-00216-SGB

Document 11

Filed 07/28/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JERRY C. MILLS, D/B/A JCM TIMBER COMPANY, Plaintiff, vs. No. 05-216C (Judge Braden)

THE UNITED STATES, Defendant PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME COMES NOW, Plaintiff, JERRY C. MILLS, D/B/A JCM TIMBER COMPANY, and files this, his Unopposed Motion for Enlargement of Time, pursuant to Rule 6 (b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), and in support thereof, would show unto the Court the following: I. Defendant filed its Motion for Summary Judgment, et al, on June 10, 2005, and Plaintiff's Response to said Motion was due on or about July 8, 2005. However, due to Plaintiff's excusable neglect, said Response has not yet been filed in this Court. II. Plaintiff submits that an enlargement of time of forty (40) days up to and including August 18, 2005, is needed for an adequate response to be filed, due to the fact that a large number of briefs and detailed motions are due from Plaintiff's counsel in other matters during the month of July and into August.

Case 1:05-cv-00216-SGB

Document 11

Filed 07/28/2005

Page 2 of 3

III. Plaintiff further represents to the Court that he has discussed this present motion with Defendant's counsel, and Defendant's counsel has agreed to this enlargement of time. WHEREFORE PREMISES CONSIDERED, Plaintiff requests that the Court grant this Motion for Enlargement of Time of forty (40) days, up to and including August 18, 2005, for Plaintiff to file his Response to Defendant's Motion as referenced herein. RESPECTFULLY SUBMITTED, this the 28th day of July, 2005. Plaintiff, JERRY C. MILLS, D/B/A JCM TIMBER COMPANY

S// AL SHIYOU AL SHIYOU Attorney for Plaintiff

AL SHIYOU ATTORNEY-AT-LAW P. O. BOX 310 HATTIESBURG, MS 39403 (601) 583-6040 MSB NO. 6760

Case 1:05-cv-00216-SGB

Document 11

Filed 07/28/2005

Page 3 of 3

CERTIFICATE OF SERVICE I, Al Shiyou, Attorney for the Plaintiff, do hereby certify that I have this day electronically filed the forgoing with the Clerk of this Court using the ECF system which sent notification of such filing to the following: Hon. Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, NW Washington, D.C. 20530 Attorney for Defendant, United States This the 28th day of July, 2005.

S// AL SHIYOU AL SHIYOU