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

Case 1:98-cv-00533-CFL

Document 122

Filed 03/13/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FENTON GINGERICH, et. al. Plaintiffs, V. UNITED STATES OF AMERICA, Defendant. § § § § § § § § §

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 6 days, from March 14, 2007, to and including March 20, 2007, of the deadline for the parties to file their Post-Trial Briefs, and a four day enlargement, from March 26, 2007, to and including March 30, 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. Three extensions totally 47 days have previously been granted in this matter, one requested jointly (Document 115), one requested by the plaintiffs (Document 118), and one requested by the defendant (Document 120). Plaintiffs' counsel makes this request for good cause. 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. The merits brief in Hinck has been filed and oral argument is scheduled for April 23, 2007. Counsel anticipates participating in one or more moot court oral arguments in preparation for oral argument before the Supreme Court, including the Georgetown Law - Supreme Court Institute Moot Court Program. Unfortunately, counsel underestimated the sheer volume of

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Case 1:98-cv-00533-CFL

Document 122

Filed 03/13/2007

Page 2 of 2

work required to properly prepare for such an endeavor while maintaining the case load associated with the AMCOR partnership related cases before this court and others. Plaintiffs request the extension in this case in order to allow sufficient time for their counsel to properly address both the important issues before the Supreme Court in Hinck and 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 20, 2007, and March 30, 2007, respectively.

March 13, 2007 /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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