Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:04-cv-00856-GWM

Document 93

Filed 08/21/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WALTER JAYNES, et al., Plaintiffs, v. THE UNITED STATES, Defendant.

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No. 04-856C (Judge George W. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE ANSWER TO THIRD AMENDED COMPLAINT OUT OF TIME Pursuant to Rule 6(b), defendant, the United States, respectfully requests leave to file its answer to the third amended complaint out of time. Defendant has contacted counsel for the plaintiffs, who has indicated that they do not oppose this motion. Plaintiff filed its original amended complaint on July 2, 2004. On August 13, 2004, the United States filed an answer to the amended complaint. After this Court denied reconsideration of plaintiffs' motion for class certification on October 19, 2005, on March 31, 2006 plaintiffs sought leave to file a third amended complaint adding additional plaintiffs to this suit, correcting typographical errors, and clarifying the relief sought. The Court granted this motion of April 7, 2006. At the time of the grant of this motion, defendant was unaware that plaintiffs had made additional minor textual additions to the complaint. During the course of pretrial preparation, counsel for the defendant was made aware of this oversight, and that the Government had not responded to these additions by filing an answer to the third amended complaint. Accordingly, the Government respectfully requests leave of Court to

Case 1:04-cv-00856-GWM

Document 93

Filed 08/21/2006

Page 2 of 3

file its answer to the third amended complaint out of time. The Government has not asserted any new affirmative defenses, and the filing of its answer out of time will not prejudice the plaintiffs. For these reasons, the Government respectfully requests leave of Court to file its answer to the third amended complaint out of time.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director OF COUNSEL: JOHN D. NOEL Senior Trial Attorney Department of the Navy 720 Kennon Street, S.E., Room 233 Washington, D.C. 20374-5013 STEVEN L. SEATON Puget Sound Naval Shipyard 1440 Farragut Avenue Bremerton, Washington 98314-5001 /s/ Steven M. Mager 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 Tele: (202) 616-2377 [email protected] Attorneys for Defendant

August 21, 2006

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Case 1:04-cv-00856-GWM

Document 93

Filed 08/21/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 21st day of August, 2006, a copy of the foregoing "Defendant's Unopposed Motion for Leave to File" and Answer to the Third Amended Complaint 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. Parties may access this filing through the Court's system.

/s/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice