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

Case 1:98-cv-00314-EJD

Document 91

Filed 02/22/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CENTRAL PINES LAND COMPANY, ET AL. ) ) Plaintiffs, ) ) vs. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) ________________________________________ )

No. 98-314 L

Chief Judge Edward J. Damich

UNOPPOSED MOTION FOR ENLARGEMENT OF TIME _____________________________________________

Case 1:98-cv-00314-EJD

Document 91

Filed 02/22/2007

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Pursuant to RCFC 6.1, Defendant, United States of America, respectfully submits this unopposed motion to extend time to file a Reply in Support of Defendant's Motion for Summary Judgment. Defendant filed a motion for summary judgment on December 15, 2006. Plaintiffs filed an opposition to Defendant's motion on February 14, 2007. Plaintiffs' response was timely pursuant to this Court's scheduling order. Defendant's reply is currently due February 28, 2007, pursuant to RCFC 7.2(c). Defendant respectfully requests an extension of fourteen (14) days until March 14, 2007. This is the first such request. This case has a complicated factual history and Plaintiffs' opposition includes over fifty exhibits. Defendant needs additional time to review these materials and prepare a Reply brief. In addition, Defendant's counsel has had to respond to an unanticipated motion for a preliminary injunction in a separate case. This motion for preliminary injunction is pending and Defendant must file additional briefs by March 5, 2006. Defendant has discussed this requested extension with Plaintiffs' counsel, and Plaintiffs' counsel stated that Plaintiffs are unopposed.

Dated: February 22, 2007 Respectfully submitted, MATTHEW J. MCKEOWN Acting Assistant Attorney General Environment and Natural Resources Division /s/ Alex Kriegsman ALEX KRIEGSMAN Trial Attorney Natural Resources Section U.S. Department of Justice P.O. Box 663 1

Case 1:98-cv-00314-EJD

Document 91

Filed 02/22/2007

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Washington, D.C. 20044-0663 Tel: (202) 305-3022 Fax: (202) 305-0506

CAPT. JAMES N. HEWITT Litigation Attorney U.S. Army Environmental Law Division 901 N. Stuart Street, Suite 400 Arlington, VA 22203-1837 Tel: (703) 696-1596 Fax: (703) 696-2940 MATTHEW A. TILDEN, ESQ. Office of the General Counsel U.S. Department of Agriculture 1718 Peachtree Road, NW - Suite 576 Atlanta, GA 30309-2409 Tel. 404-347-1086 Fax. 404-347-1065 DENNIS DAUGHERTY Attorney Department of the Interior Office of the Solicitor Division of Mineral Resources Branch of Onshore Minerals 1849 C St., N.W., Rm 6312 Washington, DC 20240 Tel: (202) 208-5038 Fax: (202) 208-2225 ATTORNEYS FOR DEFENDANT