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

Case 1:97-cv-00381-FMA

Document 201

Filed 12/15/2003

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FRANCONIA ASSOCIATES, a Limited Partnership, et al., Plaintiffs, v. THE UNITED STATES, Defendant. File No. 97-381C Judge Francis M. Allegra

PLAINTIFFS UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Plaintiffs Franconia Associates., et al., hereby request, pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, an extension of time within which to file their response to defendant s motion for leave to supplement the record based upon post-trial events. Plaintiffs response is currently due on December 22, 2003. By this motion, plaintiffs respectfully request that the deadline for the filing of their brief be extended for 24 days up to and including January 15, 2004. This is plaintiffs first request for an extension of time relating to this motion. Plaintiffs have informed counsel for the United States of their intention to seek this enlargement of time and the United States does not object to or intend to oppose plaintiffs motion. Plaintiffs seek this extension based upon the ground that the government s motion here seeks to introduce new factual matters, outside the scope of the already existing evidentiary record of this litigation, and these new factual matters require plaintiffs counsel to obtain from the relevant plaintiffs representatives certain background information and

evidentiary records and to adequately review these materials and records to prepare a response.

Case 1:97-cv-00381-FMA

Document 201

Filed 12/15/2003

Page 2 of 2

With the holiday season at hand counsel has encountered difficulties in contacting plaintiffs representatives and in obtaining the relevant background materials and documents. In addition, Mr. George Vitalis, one of the partners of the partnership owning the properties for which the government seeks leave to supplement the record, recently passed away after a short illness. Because of his recent and sudden death, his partner in these properties, Ms. Marge Alden, has been otherwise pre-occupied and has only recently been able to turn her attention to gathering the facts and documents relating to the government s present motion. Accordingly, plaintiffs respectfully request an extension of time for 24 days in which to file its response. For the reasons set forth above, plaintiffs respectfully request that the Court grant their Unopposed Motion for Enlargement of Time for good cause shown and extend the deadline for filing their response to defendant s motion by 24 days up to and including January 15, 2004.

Dated: December 15, 2003 Filed Electronically

Respectfully submitted, s/ Jeff H. Eckland William L. Roberts, Of Counsel Mark J. Blando, Of Counsel FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 Telecopy: (612) 766-1600

M2:20589682.06

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