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

Case 1:98-cv-00533-CFL

Document 124

Filed 03/20/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FENTON GINGERICH, et. al. Plaintiffs, V. UNITED STATES OF AMERICA, Defendant.

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DOCKET NO. 98-533 T JUDGE LETTOW

PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME Pursuant to RCFC Rules 6(b) and 6.1, plaintiffs Fenton Gingerich, et al., move this Court for an enlargement of 2 days, from March 20, 2007, to and including March 22, 2007, of the deadline for the parties to file their Post-Trial Briefs, and a 2 day enlargement, from March 30, 2007, to and including April 2, 2007, of the deadline for the parties to file their Post-Trial Reply Briefs. Closing arguments are scheduled for April 9, 2007, and plaintiffs request that date remain unchanged. Four extensions totally 53 days have previously been granted in this matter, one requested jointly (Document 115), one requested by the plaintiffs (Document 118), one requested by the defendant (Document 120), and one requested by plaintiffs (Document 122). Plaintiffs' counsel makes this request for good cause. During the course of the 6 day enlargement recently granted by the Court, counsel was unable to work on their opening briefs for two days due to electrical and associated computer problems that resulted from massive thunderstorms in the Houston area. Moreover, as the Court is aware Plaintiffs' counsel here is also the taxpayer's counsel in Hinck v. United States, currently pending before the United States Supreme Court at docket no. 06-376. Scheduling changes and problems associated with that case and the lead

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Case 1:98-cv-00533-CFL

Document 124

Filed 03/20/2007

Page 2 of 2

AMCOR cases before Judge Block have consumed the majority of counsels' time on Monday, March 19th and Tuesday, March 20th. Plaintiffs request the extension in this case in order to allow sufficient time for their counsel to properly address the important issues before this Court in their case. Counsel for the United States has been contacted and does not object to the granting of this motion. WHEREFORE, plaintiffs Fenton Gingerich, et al., move this Court to enlarge the deadline for the parties to file their Post-Trial Briefs and Post-Trial Reply Briefs to March 22, 2007, and April 2, 2007, respectively.

/s/ Teresa J. Womack Teresa J. Womack Redding & Associates, P.C. 2914 W. T.C. Jester Houston, Texas 77018 Telephone: (713) 965-9244 Fax: (713) 621-5227 ATTORNEY FOR PLAINTIFFS

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