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

Case 1:97-cv-00381-FMA

Document 260

Filed 05/27/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________ FRANCONIA ASSOCIATES, a Limited Partnership, et al., Plaintiffs, v. THE UNITED STATES Defendant. ______________________________________________________________________________ JOINT MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims, the parties respectfully request an enlargement of time of seven days, up to and including June 3, 2005, for the purpose of filing the Joint Status Report requested by the Court in its Order of April 21, 2005. The Joint Status Report is currently due on May 27, 2005. This is the second request for an enlargement of time for this purpose that has been filed, in that plaintiffs earlier requested and were granted an extension of eleven days within which to file the Joint Status Report. The parties have continued their discussions and exchanges regarding the proper calculation of damages for each of the two properties at issue. The parties believe that they have resolved their disagreements in this regard and have reached a tentative agreement on a stipulated damage amount for each property. However, counsel for plaintiff has been unable to reach plaintiff to obtain a final authorization to stipulate to the current damage figures. Plaintiff's counsel believes that he will be able to obtain the needed final client authorization after the upcoming holiday weekend, which will enable the parties to file their Joint Status Report by June 3, 2005. Case No. 97-381C Judge Francis M. Allegra

Case 1:97-cv-00381-FMA

Document 260

Filed 05/27/2005

Page 2 of 2

The parties also note that this extension of time will not impact the amount of damages calculated for the two properties at issue, in that all of the damages that are recoverable under the Court's opinion occurred in the past, and therefore are not subject to any future discounting. Accordingly, the parties respectfully requests that the Court grant this Joint Motion for Enlargement of Time for good cause shown and extend the current deadline for filing the Joint Status Report by seven days up to and including June 3, 2005.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director s/ Jeff H. Eckland JEFF H. ECKLAND Eckland & Blando LLP 700 Lumber Exchange 10 South Fifth Street Minneapolis, MN 55402 Tele: (612) 305-4444 Fax: (612) 305-4439 Attorney for Plaintiffs Filed Electronically with the Consent of the Attorney for Defendant May 27, 2005 s/ Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit Room 8012 Washington, D.C. 20530 Tele: (202) 305-7561 Fax: (202) 305-7643 Attorneys for Defendant

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