Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:98-cv-00419-LB

Document 185

Filed 01/05/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS RESOURCE INVESTMENTS, INC., and LAND RECOVERY, INC., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. PLAINTIFFS' UNOPPOSED MOTION FOR A FOUR-DAY ENLARGEMENT OF TIME IN WHICH TO FILE THEIR REPLY ON THEIR SECOND SUPPLEMENTAL MEMORANDUM IN RESPONSE TO OCTOBER 4, 2006 ORAL ARGUMENT AND UNOPPOSED MOTION FOR FIVE ADDITIONAL PAGES ON REPLY Plaintiffs Resource Investments, Inc. and Land Recovery, Inc. hereby move for a fourday enlargement of time, to and including January 12, 2007, for the filing Plaintiffs' Reply Memorandum in Response to October 4, 2006 Oral Argument. At present, Plaintiffs' reply is due January 8, 2007. No previous enlargements of this reply deadline have been requested. Plaintiffs also move for permission to include five additional pages in their Reply so that they may file a brief not to exceed twenty-five pages. This motion is supported by good cause. On December 18, 2006, Defendant filed an unopposed motion for a four-day enlargement of time in which to file its response to Plaintiffs' Second Supplemental Memorandum in Response to October 4, 2006 Oral Argument. The Court granted Defendant's motion on December 20, 2006. Additionally, Plaintiffs require five extra pages on reply because Defendant's response brief includes new argument not previously advanced regarding the impact of the Supreme Court decision in Lingle v. Chevron USA, 544 U.S. 528 (2005) on the "character" prong of Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). No. 98-419L Judge Lawrence J. Block

Case 1:98-cv-00419-LB

Document 185

Filed 01/05/2007

Page 2 of 2

On January 4, 2007, counsel for Plaintiffs contacted counsel for Defendant, who advises that Defendant does not oppose granting this enlargement of time or granting five additional pages on reply. Accordingly, Plaintiffs respectfully request that their unopposed motion for a four-day enlargement of time, to and including January 12, 2007, be granted. Plaintiffs also respectfully request that their unopposed motion for five additional pages on reply be granted. Dated: January 5, 2007. Respectfully submitted, __ s/ Daniel D. Syrdal______ Daniel D. Syrdal Heller Ehrman LLP 701 Fifth Avenue, Suite 6100 Seattle, WA 98104-7098 Telephone: (206) 447-0900 Facsimile: (206) 447-0849 Steven S. Anderson, of counsel Malaika M. Eaton, petition for admission pending Attorneys for Plaintiffs Resource Investments, Inc. and Land Recovery, Inc.

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