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

Case 1:08-cv-00212-SGB

Document 14

Filed 09/12/2008

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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 (Electronically filed September 12, 2008)

UNITED STATES, Defendant.

DEFENDANT'S FOURTH UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), Defendant, the United States of America, respectfully moves this Court for a six (6) day enlargement of time, to and including Thursday, September 18, 2008, for the filing of its answer or responsive motions to Plaintiff's complaint. Defendant's response is presently due September 12, 2008. Defendant has made three prior requests for an enlargement of time. The grounds for this motion are as follows: 1. The Court has granted three enlargements of time for the filing of Defendant's

answer or responsive motions to Plaintiff's complaint, to an including September 12, 2008. 2. During this time, the parties have engaged in discussions wherein they have

explored the possibility of actively pursuing settlement discussions and formal mediation. The parties have expressed a willingness to continue their dialogue and to move forward in a mutually cooperative fashion to seek an amicable solution to Plaintiff's claims. 3. The parties are still exploring the possible alternative procedures available under

Case 1:08-cv-00212-SGB

Document 14

Filed 09/12/2008

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the Rules of the Court of Federal Claims to resolve Plaintiff's claims without resorting to litigation. 4. Moreover, Defendant's counsel estimates that he will need the additional time to

prepare Defendant's responses to Plaintiff's complaint, including obtaining the necessary review and approval of said responses by the appropriate employees at the FAA. 5. On September 12, 2008, counsel for Defendant contacted Plaintiff's counsel

about this motion by telephone, and Plaintiff's counsel stated that he cannot take a position with respect to this motion because he has not been able to reach his client. Wherefore, pursuant to RCFC 6.1, Defendant respectfully requests that its time for filing a response to Plaintiff's complaint be extended six (6) days from September 12, 2008 to and including September 18, 2008. Respectfully submitted this 12th day of September, 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]

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