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

Case 1:05-cv-00186-FMA

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Filed 09/26/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

LAVETTA ELK,

) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. 05-186L Judge Francis M. Allegra

PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DISCOVERY REQUEST PROPOUNDED BY THE DEFENDANT THE UNITED STATES OF AMERICA Plaintiff, LAVETTA ELK, by and through undersigned counsel, and pursuant to RCFC

6.1, files this Unopposed Motion for Enlargement of Time to Serve Responses to Discovery Request
Propounded by the Defendant, THE UNITED STATES OF AMERICA, and states as follows: 1. Defendant, THE UNITED STATES OF AMERICA, served Plaintiff on or about

August 24, 2006 with Defendant's First Set of Interrogatories. 2. Responses to the foregoing discovery requests are due on September 26, 2006

pursuant to RCFC 33(b)(3). 3. Plaintiff's counsel requests a reasonable enlargement of time within which to respond

to the Defendant's Discovery Requests. This enlargement of time is necessary due to the breadth of the discovery requests. Additionally, this enlargement of time is necessary because of the demands on Plaintiff's counsel in other cases and matters. 4. Plaintiff requests an enlargement of time of ten (10) days, or until October 6, 2006.

Case 1:05-cv-00186-FMA

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5.

Plaintiff's counsel has conferred with Defendant's counsel for the United States of

America regarding this request for enlargement of time, who advised that Defendant has no objection. 6. Plaintiff's counsel makes this request in good faith and not for purposes of delay.

WEREFORE, Plaintiff respectfully requests that this Court enter an Order granting an enlargement of time of ten (10) days or until October 6, 2006 to respond to the Defendant's discovery requests.

Respectfully submitted, HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiff 18205 Biscayne Boulevard Suite 2218 Miami, Florida 33160 Telephone (305) 931-2200 Facsimile: (305) 931-0877 www.hermanlaw.com

By:

s/ Jeffrey M. Herman . JEFFREY M. HERMAN, ESQ. [email protected] STUART S. MERMELSTEIN, ESQ. [email protected] ADAM D. HOROWITZ, ESQ. [email protected]

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Case 1:05-cv-00186-FMA

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Filed 09/26/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 26th day of September, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Kevin Stark Webb, Esq. [email protected]

s/ Jeffrey M. Herman

.

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