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

Case 1:04-cv-00856-GWM

Document 136

Filed 05/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WALTER JAYNES, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

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

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT On April 3, 2007, this Court ordered the Government to file its motion for summary judgment, dealing with (1) the effect of the 1994 amendments to the Civil Service Reform Act; (2) the applicable limitations period(s); and (3) the effect of the Grievance Decision on the Court's role and tasks, by May 31, 2007. Defendant respectfully requests that the Court enlarge the deadline to file this motion for summary judgment by 32 calendar days, up to and including July 2, 2007. This is the defendant's first request for an enlargement of this deadline. Counsel for the Government has contacted plaintiffs' counsel, and they have agreed to this enlargement. The additional time is required for Government counsel to adequately prepare and file the Government's motion for summary judgment. Conflicting schedules with agency counsel have made it difficult to confer regarding the Government's motion for summary judgment, and we have not been able to arrange to have all counsel confer on this motion until June 1, 2007. Further, counsel for the Government is handling several other matters before this Court, the United States Court of International Trade and the United States Court of Appeals for the Federal Circuit which have deadlines in June 2007. Specifically, counsel has a response brief to a motion

Case 1:04-cv-00856-GWM

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to dismiss in United States v. C.H. Robinson, No. 06-00434 (CIT) due on June 4, 2007; a reply brief on motions for summary judgment in Information Systems & Networks Corp. v. United States, 02-796 (Fed. Cl.) due on June 12, 2007; a formal appellant response brief in Cook v. United States Air Force, No. 2007-3137 (Fed. Cir.) due on June 18, 2007; and a formal appellant response brief in Bair v. United States, No. 07-5049 (Fed. Cir.) due on June 18, 2007. For these reasons, defendant respectfully requests that its motion for an enlargement of time be granted, and that the Court order that defendant's motion for summary judgment be due on or before July 2, 2007. Further, in order to assure that plaintiffs have adequate time to respond, defendant respectfully requests that the other deadlines on the briefing schedule be moved forward 32 days. The Government, however, is not requesting any extension of the discovery schedule set forth in the Court's April 3, 2007 order at this time. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

JEANNE E. DAVIDSON Director

/s/ Mark A Melnick MARK A. MELNICK Assistant Director

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OF COUNSEL: TELIN W. OZIER Trial Counsel Department of the Navy 720 Kennon Street, S.E. WNY Bldg. 36, Room 256 Washington, D.C. 20374-5013 STEVEN L. SEATON Labor Counsel Department of the Navy Puget Sound Naval Shipyard 1400 Farragut Avenue Bremerton, Washington 98314-5001

/s/ Steven M. Mager STEVEN MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th floor Washington, D.C. 20530 Tele: (202) 616-2377 Fax: (202) 305-7644 [email protected]

May 30, 2007

Attorneys for Defendant

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Case 1:04-cv-00856-GWM

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Filed 05/30/2007

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CERTIFICATE OF FILING I hereby certify that on this 30th day of May 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT" 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