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

Case 1:08-cv-00212-SGB

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Filed 06/26/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ TAKAHO ESTATES, LLC, a Florida Limited Liability Company, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) )

No. 08-212 L Hon. Susan G. Braden

UNITED STATES, Defendant.

DEFENDANT'S SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims ("RCFC"), Defendant, the United States of America, respectfully submits this unopposed motion for an enlargement of time of 14 days, to and including July 11, 2008, within which to file its Answer or otherwise respond to Plaintiff's Complaint. Defendant's Answer or responsive pleadings are presently due June 27, 2008. Defendant has made one prior request for an enlargement of time, and Defendant seeks the additional time based on the following grounds: 1. Plaintiff filed the present complaint on March 27, 2008, and Defendant's counsel

received the Complaint on April 28, 2008. Defendant is obligated to file its Answer or otherwise respond to the Complaint by June 27, 2008. 2. Since April 28, 2008, the parties have engaged in several telephonic conferences

regarding this case. Among other things, the parties have discussed and are attempting to explore the possibility of pursuing settlement discussions in this case.

Case 1:08-cv-00212-SGB

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3.

While the discussions are presently at a very early stage, both parties have

expressed a mutual interest in attempting to settle all or part of this case. Such a settlement would avoid an undue burden on and expense of time, resources, and efforts by the Court and the parties. 4. Defendant has expressed to Plaintiff that it believes the most efficient manner in

which to conduct any settlement discussions is to do so without the requirements imposed by a litigation schedule, and Defendant has therefore asked Plaintiff whether it would be willing to move jointly for a stay of the case pending settlement discussions. The parties have discussed this issue earlier, and today, June 26, 2008, Plaintiff stated that it continues to assess the possibility for such a joint motion. However, Plaintiff noted that it would not be able to reach a decision on this issue until next week. Plaintiff further said that it would not oppose a motion by Defendant for an enlargement of time within which it may file an Answer or responsive pleading to Plaintiff's Complaint to allow the parties additional time to seek and reach an agreement regarding whether they should engage in settlement discussions and seek a stay to facilitate such discussions. 5. Defendant believes that the requested enlargement of time will facilitate the

parties' efforts to explore the possibility of a settlement. 6. Granting this unopposed motion will not cause any undue prejudice or harm to the

rights and interests of the parties herein. Additionally, the granting of the motion will promote judicial efficiency and serve the public interest by enabling the parties to explore the possibility of a settlement of this case. WHEREFORE, Defendant respectfully requests that this Court grant its unopposed motion and allow it to and including July 11, 2008 within which to file its Answer or

Case 1:08-cv-00212-SGB

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otherwise respond to Plaintiff's Complaint. Respectfully submitted this 26th day of June, 2008. RONALD J. TENPAS Assistant Attorney General

s/E. Kenneth Stegeby E. KENNETH STEGEBY Trial Attorney Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P. O. Box 663, Washington, D.C. 20044-0663 Telephone: 202.616.4119 Facsimile: 202.305.0506 Email: [email protected] Attorney of Record OF COUNSEL: Raymond Veatch Taneesha Marshall U.S. Department of Transportation Federal Aviation Administration Office of Regional Counsel P.O. Box 20636 Atlanta, GA 30320