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

Case 1:01-cv-00047-EGB

Document 174

Filed 03/13/2007

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

No. 01-47C (Senior Judge Bruggink)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests, pursuant to Rule 6(a) of the Rules of the Court of Federal Claims ("RCFC"), that the Court grant an enlargement of time of 18 days from March 15, 2007 to April 2, 2007, for defendant to prepare and file its response to plaintiff Lindsey Bledsoe's motion for partial summary judgment in this case. Defendant's response to Mr. Bledsoe's motion is

due March 15, 2007, the Court previously granted two unopposed motions enlargement of time, for a total of 42 days. Defendant's

counsel informed plaintiffs' counsel, Alan Banov, of this motion, and is authorized to state that plaintiffs do not oppose defendant's motion for enlargement of time. Since the Court lifted the stay with regard to Mr. Bledsoe's motion, defendant's counsel has been gathering the necessary documents, interviewing individuals, and preparing the Government's response to Mr. Bledsoe's Motion For Partial Summary Judgment. See Order dated December 14, 2006. Preparation of

defendant's response has required defendant to update its prior productions of documents by producing additional documents

Case 1:01-cv-00047-EGB

Document 174

Filed 03/13/2007

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relating to Mr. Bledsoe from both MDC Brooklyn and USP Lewisburg. Defendant also updated its production of documents regarding another plaintiff, David Tessel, who also works at MDC Brooklyn. Defendant has produced more than 2,500 pages of documents to plaintiffs' counsel, including additional time and attendance records, Lieutenant meeting minutes, quarterly rosters, daily rosters, e-mails, and other documents. However, defendant needs In

to locate, copy, and produce some additional documents.

addition, a witness for whom defendant is preparing an affidavit unexpectedly has taken leave and will not return until March 19, 2007. Defendant needs to obtain that affidavit before completing

its response to Mr. Bledsoe's motion. Therefore, defendant requires an additional 18 days to prepare its response to plaintiff Lindsey Bledsoe's motion for partial summary judgment, and for its review by attorneys at the Bureau of Prisons and the Department of Justice. Accordingly, defendant respectfully requests that the Court grant this unopposed motion for a 18-day enlargement of time to April 2, 2007, for the Government to prepare and file defendant's response to plaintiff Lindsey Bledsoe's motion for partial summary judgment in this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

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Case 1:01-cv-00047-EGB

Document 174

Filed 03/13/2007

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JEANNE E. DAVIDSON Director

s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/Domenique Kirchner DOMENIQUE KIRCHNER Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 Tele: (202) 307-0290 Attorneys for Defendant Of Counsel: ERIKA TURNER Bureau of Prisons March 13, 2007

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