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

Case 1:98-cv-00720-GWM

Document 238

Filed 06/01/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PRECISION PINE & TIMBER, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 98-720C (Judge George W. Miller)

PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules of the Court of Federal Claims ("RCFC") 6.1, plaintiff hereby moves for an enlargement of three (3) business days to and including June 9, 2004 within which to file its Response to Defendant's Motion for Partial Summary Judgment in this matter. That Response is presently due on June 4, 2004. The basis for the plaintiff's request lies in the fact that one of the attorneys assigned to this matter, Mr. David Craig, has had a medical emergency, i.e., he has been diagnosed as having a pulmonary embolism.

Mr. Craig had substantial responsibilities for the production of the plaintiff's Response. These responsibilities included assuring that the assertions made in the brief are fully supported by evidence in the record including documentary evidence, deposition testimony and declarations. Moreover, Mr. Craig had primary responsibility for assembling plaintiff's appendix and assuring the correctness of citations for that appendix. Mr. Craig's medical emergency will substantially affect, if not preclude, his performing some or all of these 1

Case 1:98-cv-00720-GWM

Document 238

Filed 06/01/2004

Page 2 of 3

functions. As a result, the completion of the brief will be delayed beyond the present due date as members of the team working on this matter who are already substantially engaged in other aspects of producing plaintiff's Response will also have to do some or all of the work that Mr. Craig was assigned.

This is plaintiff's second request for an enlargement in this regard. However, plaintiff would not make this request absent the extraordinary intervening circumstances which have occurred.

Plaintiff's counsel attempted to contact counsel for the defendant about this matter on May 28, 2004 and left a message but did not hear back from counsel for defendant. Plaintiff's counsel attempted to contact counsel for the defendant again on June 1, 2004 but was unable to reach counsel for defendant.

For the reasons set forth above, plaintiff respectfully requests that this Court grant its Motion for an Enlargement of Time to and including June 9th within which to file its Response to defendant's motion. Respectfully submitted, s/Alan I. Saltman SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Counsel for Plaintiff 2

Case 1:98-cv-00720-GWM

Document 238

Filed 06/01/2004

Page 3 of 3

OF COUNSEL: Richard W. Goeken David J. Craig SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Dated: June 1, 2004

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