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

Case 1:98-cv-00533-CFL

Document 115

Filed 01/23/2007

Page 1 of 3

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

__________ JOINT MOTION FOR EXTENSION OF TIME __________

Pursuant to RCFC 6(b), plaintiffs, Fenton Gingerich, et al., and defendant, the United States, move this Court for an enlargement of 15 days, from January 25, 2007, to and including, February 9, 2007, of the deadline for the parties to file their Post-Trial Briefs, and a similar enlargement, from February 9, 2007, to and including, February 24, 2007, of the deadline for the parties to file their Post-Trial Reply Briefs. No prior enlargement of these deadlines has been requested. As good cause therefor, counsel for the parties have other commitments that will require their attention in the next two weeks. Particularly, Ms. Womack's sister and only sibling had a heart attack the week before trial in this matter. Complications have arisen in her condition and she will be having heart surgery January 24, 2007. Also, plaintiffs' counsel learned on January 1
2177900.1

Case 1:98-cv-00533-CFL

Document 115

Filed 01/23/2007

Page 2 of 3

12,2007, that the Supreme Court granted certiorari for one of the issues in the AMCOR related cases, Hinck v. United States, Docket No 06-376. Petitioners' opening brief in that case is due the last week of February. As a result, counsel require additional time to complete their posttrial briefs. WHEREFORE, the parties respectfully move that this Court enlarge the deadline for the parties to file their post-trial briefs to February 9, 2007, and enlarge the deadline for the parties to file their post-trial reply briefs to February 24, 2007.

Respectfully, 1/23/07 DATE s/Teresa J. Womack Teresa J. Womack Redding & Associates, P.C. P.O. Box 924328 Houston, Texas 77292-4328 (713) 965-9244 (713) 621-5227 (Fax) ATTORNEY FOR PLAINTIFFS

1/23/07 DATE

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

2

2177900.1

Case 1:98-cv-00533-CFL

Document 115

Filed 01/23/2007

Page 3 of 3

EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief

1/23/07 DATE

s/Mary M. Abate Of Counsel ATTORNEYS FOR DEFENDANT

3

1376458.1