Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:01-cv-00518-CFL

Document 133

Filed 09/02/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS RALPH E. BOSTON, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 01-518C (Judge Lettow)

MOTION FOR LEAVE TO FILE REPLY OUT OF TIME Defendant respectfully requests leave of the Court to file the attached "Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings, Dismissing the Claims Remaining to be Adjudicated" out of time. The reply was due on August 28, 2008. This is one of numerous cases involving similar issues, in which we have filed motions for judgment on the pleadings, dismissing claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., for time solely spent driving a Government vehicle between home and work. In this case and five others, our replies were due during the week of August 25, 2008. Because Government counsel was scheduled to be on leave throughout that week, and because agency counsel was also scheduled to be out of the office that week, we attempted to file our replies on Friday, August 22, 2008. Our replies in the other five cases were filed on that date, but, due to an oversight, the reply in this case was not filed. Government counsel became aware of this oversight today. The granting of leave to file the attached reply out of time will not cause any prejudice, particularly in view of the fact that plaintiffs in this case and the other five cases are represented by the same attorneys, and the content of the attached reply is very similar to that of the replies filed in the other five cases.

Case 1:01-cv-00518-CFL

Document 133

Filed 09/02/2008

Page 2 of 3

For the foregoing reasons, we respectfully request that our motion for leave to file our reply out of time be granted. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director

s/Todd M. Hughes/Bryant Snee TODD M. HUGHES Deputy Director Filed electronically OF COUNSEL: Michael J. Dierberg William P. Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 616-8275 Facsimile: (202) 305-7643 Attorneys for Defendant September 2, 2008

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Case 1:01-cv-00518-CFL

Document 133

Filed 09/02/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 2nd day of September 2008, a copy of the foregoing "MOTION FOR LEAVE TO FILE REPLY OUT OF TIME," was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Shalom Brilliant