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

Case 1:97-cv-00733-BAF

Document 111

Filed 08/13/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS A. DEAN OSWALT, REINIE OSWALT, CRAIG ) OSWALT, MICHELLE OSWALT, ) KIRK OSWALT and STACIE OSWALT, ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 97-733 (Judge Futey)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF THE TIME FOR FILING ITS MOTION TO DISMISS Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, we respectfully request a 31-day enlargement, through and including September 14, 2007, of the time for filing our motion to dismiss under this Court's July 20, 2007 scheduling order. This is our second request for an extension for this purpose, and plaintiffs consent. We request this extension because the Government is continuing to evaluate the merits of raising a NAFI argument in this case, which we believe could have broader implications for the Government. Because of this, additional time is needed for the Department of Justice to discuss this matter internally and to consult with senior officials at the Department of the Interior. Several people who must be consulted are currently away or presently will be away from their offices on vacation during this time. We have spoken with plaintiffs concerning this need for an extension and plaintiffs agree that it is not necessary to ask the Court to lift the stay of discovery during this time and will await a decision from the Government on this issue. Again, we apologize for any inconvenience this may cause the Court. For these reasons, we respectfully request a 31-day enlargement.

Case 1:97-cv-00733-BAF

Document 111

Filed 08/13/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Kirk T. Manhardt for Bryant G. Snee BRYANT G. SNEE Deputy Director s/ Brian T. Edmunds BRIAN T. EDMUNDS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 305-7576 Fax: (202) 514-8624 August 13, 2007 Attorneys for Defendant

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Case 1:97-cv-00733-BAF

Document 111

Filed 08/13/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 13th of August, 2007, a copy of "DEFENDANT'S UNOPPOSED MOTION OR AN ENLARGEMENT OF THE TIME FOR FILING ITS MOTION TO DISMISS" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Brian T. Edmunds

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