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

Case 1:01-cv-00047-EGB

Document 180

Filed 05/04/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________) JOSE L. ACEBAL, et al.,

Case No. 01-47C Judge Bruggink

PLAINTIFFS' CONSENT MOTION FOR EXTENSION OF TIME TO FILE THEIR REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF LINDSEY BLEDSOE'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND THEIR OPPOSITION TO DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT Plaintiffs, by their undersigned counsel and with the consent of Defendant, respectfully request that the Court enlarge their time from May 7, 2007, to and including May 21, 2007, to file their Reply to Defendant's Opposition to Plaintiff Lindsey Bledsoe's Motion for Partial Summary Judgment and their Opposition to Defendant's Cross-Motion for Summary Judgment, and in support of this motion state: 1. Several times the Court extended defendant's time to file its Cross-Motion for

Summary Judgment, and on April 4, 2007, defendant filed that Cross-Motion. 2. Plaintiff's Reply to Defendant's Opposition to Plaintiff Lindsey Bledsoe's Motion

for Partial Summary Judgment and their Opposition to Defendant's Cross-Motion for Summary Judgment is currently due to be filed on or before May 7, 2007. 3. Plaintiff's counsel is unable to complete that brief in time to be filed on May 7,

2007, for the following reasons: Wendy Byndloss, his associate, resigned in early March, and he was not able to replace her until about ten days ago. His father died on March 26, 2007, and he had to take virtually that entire week to travel to South Carolina for making the funeral

Case 1:01-cv-00047-EGB

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arrangements and initiating probate proceedings. Before and after his return to the office, he has been deluged with other litigation, including the following: preparing an opposition to a motion to compel in McFarlane v. New Leaders for New Schools, C.A. No. 04-0008506 (D.C. Super. Ct.), which was filed on April 3, 2007; preparing an opposition to a motion for summary judgment in Simmons v. Cox, Civil Action No. 1:05CV01828 (D.D.C.), which included a 45page brief and 71 exhibits and which was filed at 9:30 p.m. on April 11 (after the court granted the undersigned four extensions of time); preparing discovery requests in Bruce v. Mike Johanns, Secretary, EEOC Case No. 530-2006-00190X, which were served at 10:30 p.m. on April 11, under an EEOC deadline; preparing a formal EEO complaint in Decker v. Johanns, which was filed on April 12; attending a mediation session on April 17 in Decker, which lasted about five hours; attending a mediation session in Barovian v. Cox, EEOC No. 570-2006000278X, which took up over five hours on April 23; preparing for a hearing in Oliver-Patterson v. Washington Neurological Associates, Case No. 03-358-P (D.C. Com'n on Human Rights), on April 25-27, 2007, before that hearing was abruptly postponed; preparing an opposition for a motion for summary judgment in Griffith v. Christopher Cox, Chair, SEC, EEOC Case No. 5702006-0046X, throughout the last part of April; and preparing the complainant's discovery responses in Bruce v. Mike Johanns, which are currently due to be served by May 14, 2007. 4. 5. motion. WHEREFORE, Plaintiff respectfully requests that the Court grant him 14 additional days, from May 7, 2007, to and including May 21, 2007, in which to file their Reply to This is plaintiff's first motion for an extension of time for this purpose. Defendant's counsel states that she has no objection to the Court's granting this

Case 1:01-cv-00047-EGB

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Defendant's Opposition to Plaintiff Lindsey Bledsoe's Motion for Partial Summary Judgment and their Opposition to Defendant's Cross-Motion for Summary Judgment. Respectfully submitted, ________/s/ Alan Banov_____________ ALAN BANOV Alan Banov & Associates 1819 L Street, N.W. Suite 700 Washington, D.C. 20036-3830 (202) 822-9699 Fax: (202) 842-9331 [email protected] Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on May 4, 2007, two copies of the foregoing Plaintiff Lindsey Bledsoe's Motion for Partial Summary Judgment were served by facsimile transmission upon defendant's counsel at the following address: Domenique Kirchner, Esq. Commercial Litigation Branch Civil Division, Classification Unit U.S. Department of Justice 1100 L Street N.W., 8th Floor Washington, D.C. 20530 _____________________ ALAN BANOV