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

Case 1:01-cv-00591-FMA

Document 260

Filed 02/03/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________________________________ ) KLAMATH IRRIGATION DISTRICT, et al., ) ) Plaintiffs, ) v. ) No. 01-591 L ) UNITED STATES OF AMERICA, ) ) Judge Francis M. Allegra Defendant, ) ) PACIFIC COAST FEDERATION OF ) FISHERMEN'S ASSOCIATIONS, ) ) Defendant-Intervenor. ) DEFENDANT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE ITS MOTION FOR SUMMARY JUDGMENT Pursuant to RCFC 6(b) and 6.1, and pursuant to the Court's Special Procedures Order (filed Dec. 17, 2004), Defendant United States hereby moves for a two-week extension of the time, to and including February 17, 2006, to file its motion for summary judgment. In support of this motion, Defendant states as follows. 1. Pursuant to the Court's Order of December 20, 2005 (Doc. 257), Defendant is to

file "a motion for summary judgment concerning the application herein of the sovereign acts and/or unmistakability doctrines[.]" 2. Defendant's motion was originally due on January 20, 2006. (Doc. 257).

Defendant moved for a two-week extension of that filing deadline, to and including February 3, 2006. (Doc. 258). Defendant's motion was granted by the Court on January 5, 2006. 3. By this motion, Defendant seeks an additional two-week extension of time to file

its motion for summary judgment as to Plaintiffs' contract claims, to and including February 17,

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Case 1:01-cv-00591-FMA

Document 260

Filed 02/03/2006

Page 2 of 2

2006. This extension is required in order for both the Department of the Interior and the Department of Justice to complete their internal review of Defendant's motion and supporting memorandum. Because the issues that the Court has directed Defendant to address in this motion are also being addressed in other pending cases involving other Reclamation projects and contracts, additional time is needed for coordination of these cases prior to the filing of the government's brief in this case. 4. This is Defendant's second request for an extension of time to file the motion for

summary judgment described above. 5. Defendant has contacted Plaintiffs' counsel regarding the extension requested in

this motion and has been informed that Plaintiffs do not oppose the motion. WHEREFORE, Defendant respectfully requests that the Court grant this motion for a two-week extension of time to file its motion for summary judgment, to and including February 17, 2006. Dated: February 3, 2006 Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment & Natural Resources Division s/Kristine S. Tardiff KRISTINE S. TARDIFF United States Department of Justice Environment & Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 Tel: (603) 230-2583 Fax: (603) 225-1577 E-Mail: [email protected] Attorney of Record for the Defendant 2