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

Case 1:98-cv-00860-EJD

Document 62

Filed 02/23/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WALTER ROSALES, ET AL. ) ) Plaintiffs, ) ) vs. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) ________________________________________ )

No. 98-860 L

Chief Judge Edward J. Damich

JOINT MOTION TO ENLARGE TIME TO FILE JOINT STATUS REPORT _____________________________________________

Case 1:98-cv-00860-EJD

Document 62

Filed 02/23/2006

Page 2 of 3

Plaintiffs Walter Rosales, et al. and Defendant the United States of America respectfully submit this joint motion to enlarge time to file a joint status report (the "Report"). On February 1, 2006, the Court issued an Order requiring the parties to file a joint status report on or before February 15, 2006. On February 10, 2006, Defendant filed a motion to enlarge time to file the Report ("First Motion"). Defendant explained that it was unable to contact Plaintiff's counsel and needed additional time to comply with the Court's February 1, 2006, Order. On February 13, 2006, the Court granted Defendant's First Motion and ordered the parties to file the Report by February 24, 2006. Defendant has since learned that Plaintiff's counsel's sister recently passed away and that Plaintiff has been away from the office tending to family matters. The parties were first able to speak by phone on February 23, 2006. In addition, Plaintiff's counsel has experienced a computer failure in his office and has been unable to retrieve certain documents related to the present case. Accordingly, the parties respectfully request that the Court enlarge the time to file the Report fourteen (14) days to March 10, 2006. This will give the parties the necessary time to meet and confer and file a proper Report, addressing the issues set forth in the Court's February 1, 2006 Order. Pursuant to R.C.F.C. 6.1, the parties submit that there has been one (1) previous enlargement of time to file the Report.

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Case 1:98-cv-00860-EJD

Document 62

Filed 02/23/2006

Page 3 of 3

Dated: February 23, 2006

Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General

/s/ Alex Kriegsman ALEX KRIEGSMAN United States Department of Justice Environment and Natural Resources Division Natural Resources Section P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-3022 Fax: (202) 353-0506 ATTORNEYS FOR DEFENDANT

WEBB & CAREY consented to February 23, 2006 Patrick D. Webb 401 B Street Ste 306 San Diego CA 92101 Telephone: (619) 236-1650 Fax: (619) 236-1283 ATTORNEYS FOR PLAINTIFFS

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