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

Case 1:07-cv-00273-MCW

Document 52

Filed 06/03/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) BIRD BAY EXECUTIVE GOLF COURSE, INC., ) et al., ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) STEPHEN J. ROGERS, et al.,

Hon. Mary Ellen Coster Williams

No. 07-273 L

Hon. Mary Ellen Coster Williams

No. 07-426 L

UNOPPOSED MOTION FOR ENLARGEMENT OF TIME IN WHICH TO FILE DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ________________________________________ Defendant, United States, hereby moves for an enlargement of time of three (3) days, or to and including June 6, 2008, for the filing of its response to plaintiffs' Motions for Partial Summary Judgement ("plaintiffs' motion") in the above captioned matters. Plaintiffs' motion in Rogers v. United States was filed November 2, 2007. (Docket No. 23). Plaintiffs' motion in Bird Bay Executive Golf Course, Inc. v. United States was filed November 13, 2007. (Bird Bay Docket No. 19). In Orders dated December 13, 2007, the Court consolidated Rogers and Bird Bay for the determination of liability and granted defendant's 1

Case 1:07-cv-00273-MCW

Document 52

Filed 06/03/2008

Page 2 of 2

motion for relief pursuant to Rule 56(f) of the Rules of the Court of Federal Claims ("RCFC"), setting May 29, 2008 as the deadline for defendant's response to plaintiffs' motions. (Docket No. 37; Docket No. 38). Pursuant to an unopposed motion for enlargement, the Court extended this deadline to June 3, 2008. (Docket No. 51). This is the second enlargement requested for this filing. A family emergency, and the resulting loss of time, experienced by an attorney critical to the filing of this brief necessitates this motion. Counsel for defendant has conferred with counsel for plaintiffs who has indicated that plaintiffs do not object to this enlargement. Defendant apologizes to the Court for the closeness of this request to the original due date. WHEREFORE, defendant respectfully requests an enlargement of time of three (3) days, or to and including June 6, 2008, for the filing of its response to plaintiffs' motions in the above captioned matters. Respectfully submitted this 3rd day of June, 2008, RONALD J. TENPAS Acting Assistant Attorney General Environment & Natural Resources Division s/ Mark T. Romley Mark T. Romley Trial Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0506

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