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

Case 1:05-cv-00142-NBF

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Filed 02/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ARTURO MORENO, JR., et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-142C (Judge Firestone)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to RCFC 6(b), defendant requests an enlargement of time of 45 days in this case, to and including March 29, 2007, within which to respond to plaintiffs' motion to compel. Pursuant to the Court's order on January 31, 2007, our response is due on February 12, 2007.1 Because of the nature of this

motion, defendant's counsel was not able to contact plaintiffs' counsel to determine whether plaintiffs would oppose this motion for an enlargement of time. Fact discovery limited to the issue of liability closed in this case on January 15, 2007. On Friday, January 26, 2007,

almost two weeks after the close of discovery, plaintiffs filed a motion to compel in this case. On Tuesday, January 29, 2007, the

Court held a previously-scheduled telephone status conference. Defendant's counsel indicated during the status conference that the impending birth of his second son might interfere with his timely completion of defendant's response to plaintiffs' motion

Defendant is simultaneously filing a similar motion in the related case of Porta v. United States, No. 05-14210C (Fed. Cl.).

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Case 1:05-cv-00142-NBF

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to compel.

Although defendant's counsel has worked diligently

to complete all of his assignments prior to his wife beginning labor, he will be unable to file defendant's response prior to taking paternity leave, which started today, upon his wife beginning labor.2 For the foregoing reasons, we respectfully request that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director Pease s/ Jeffery S. Pease byJeffrey S. s/Mark T. Pittman JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 353-7991 Fax: (202) 514-8624 Attorneys for Defendant

February 6, 2007

However, pursuant to the Court's order on January 31, 2007, defendant's counsel has attached to this motion citations to relevant cases regarding the issue of willfulness. 2

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CERTIFICATE OF FILING I hereby certify that on this 6th day of February 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this

filing will be sent to all parties by operation of the Court's electronic filing system. the Court's system. Parties may access this filing through

s/ Mark T. PittmanJeffrey S. Pease