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

Case 1:98-cv-00533-CFL

Document 120

Filed 03/07/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 98-533 T, et al. (Judge Lettow) __________ FENTON GINGERICH, et al., Plaintiffs v. UNITED STATES, Defendant

__________ MOTION FOR AN EXTENSION OF TIME __________

Pursuant to RCFC 6, defendant, the United States, moves this Court for an extension of time of five days, from March 9, 2007, to and including March 14, 2007, of the deadline for the parties to file their opening post-trial briefs. Two prior extensions of this deadline totaling 42 days, jointly requested by the parties, have been granted. Counsel for the defendant has contacted counsel for the plaintiffs who stated that plaintiffs do not object to this motion. As good cause therefor, defendant's counsel and the reviewer assigned to this case have commitments which pre-existed the last extension and that will interfere with completion of the defendant's brief by the current due date. Defendant's counsel overlooked these pre-existing

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Case 1:98-cv-00533-CFL

Document 120

Filed 03/07/2007

Page 2 of 2

conflicts when he consented to the last enlargement. The brief enlargement will not necessitate any change to the other deadlines currently set in this case. WHEREFORE, defendant moves this Court for an extension of the time for the parties to file their post-trial briefs to March 14, 2007.

Respectfully submitted,

s/Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6506 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief

s/Mary M. Abate Of Counsel

March 7, 2007

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