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

Case 1:01-cv-00046-FMA

Document 58

Filed 02/19/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CUYAHOGA METROPOLITAN HOUSING AUTHORITY, ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) CONSOLIDATED CASE NOS. 01-46C, 01-251C AND 01-416C JUDGE ALLEGRA PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION, ETC.

Pursuant to Rule 6(b) of the United States Court of Federal Claims, Plaintiff, the Cuyahoga Metropolitan Housing Authority, respectfully requests an enlargement of fourteen (14) days to file its reply to Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion, etc. (Government's Cross Motion) in these cases. If granted, the enlargement would enlarge the time for filing from February 20, 2004 until March 5, 2004. Counsel for the Plaintiff has conferred with Defendant's counsel by telephone regarding this request, and has been authorized to represent that Defendant does not object to the enlargement. The Plaintiff seeks an enlargement because Government's Cross Motion contained a Declaration of Dennis G. Morton relating to a certain January 14, 1986 HUD Memorandum and estimations of operating cost pursuant thereto which necessitated accessing Plaintiff's archived records. It has proven more difficult than originally contemplated to locate and review same. Because counsel believes it probably will take the additional time

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Case 1:01-cv-00046-FMA

Document 58

Filed 02/19/2004

Page 2 of 3

to access and review said records, counsel requests an extension of fourteen (14) days within which to file Plaintiff's Reply. Respectfully submitted, Dated: February 19, 2004 /s/ Fred J. Livingstone Fred J. Livingstone (0009528) [email protected] TAFT, STETTINIUS & HOLLISTER LLP 3500 BP Tower 200 Public Square Cleveland, Ohio 44114-2302 (216) 241-2838 (216) 241-3707 (facsimile) Attorney for Plaintiff Of Counsel: Mark J. Valponi (0009527) TAFT, STETTINIUS & HOLLISTER LLP 3500 BP Tower 200 Public Square Cleveland, Ohio 44114-2302 (216) 241-2838 LaVerne Nichols Boyd (0009279) CUYAHOGA METROPOLITAN HOUSING AUTHORITY 1441 West 25th Street Cleveland, Ohio 44113-3101 (216) 348-5000 (216) 348-4925 (facsimile)

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Case 1:01-cv-00046-FMA

Document 58

Filed 02/19/2004

Page 3 of 3

CERTIFICATE OF SERVICE The foregoing Plaintiff's Unopposed Motion for Enlargement of Time to Reply to Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion, etc. was filed electronically with the Court on February 19, 2004, with notice of this filing being sent to all parties by operation of the Court's electronic filing system. /s/ Fred J. Livingstone Fred J. Livingstone

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