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

Case 1:06-cv-00507-LJB

Document 25

Filed 05/25/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EUGENE DAVIS, Plaintiff v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-507C Judge Bush

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME FOR THE PARTIES TO FILE THEIR JOINT STATUS REPORT Defendant, the United States, respectfully requests an enlargement of time of seven days, from May 25, 2007, to and including June 1, 2007, for the parties to file their joint status report, in the event that plaintiff does not file a motion to transfer this case back to the district court. We also respectfully request that the Court grant leave for the parties to file a joint motion to transfer, if they are able to agree upon such motion. This is our first request for an enlargement of time for this purpose. For the reasons set forth below, we have been unable to obtain plaintiff's consent to this motion. Plaintiff has provided the Government with a draft joint motion to transfer the case back to the district court. In response, the Government has advised plaintiff's counsel that it will be proposing changes to the draft joint motion. This would have been done sooner. However, plaintiff's counsel was out of the office and was not available to discuss the Government's proposed changes. The Government believes that an additional week may allow the parties to resolve the language issues in the proposed joint motion to transfer. With respect to the status report, the Government discussed the status report with plaintiff's counsel on Friday, May 25, 2007. Further, the Government prepared a draft and

Case 1:06-cv-00507-LJB

Document 25

Filed 05/25/2007

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forwarded it by facsimile and email to plaintiff's counsel for approval. However, we have been unable to reach plaintiff's counsel to obtain his approval of the status report and have been advised that he will not be back in his office until next week. Therefore, we require an enlargement of time. CONCLUSION For the foregoing reasons, we respectfully request that the Court grant the parties an additional seven days to submit a joint status report in the event that plaintiff (or the parties) do not file a motion to transfer this case back to the district court. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

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Case 1:06-cv-00507-LJB

Document 25

Filed 05/25/2007

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s/ Donald E. Kinner by SJG DONALD E. KINNER Assistant Director s/ Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-7788 Attorneys for the Defendant Dated: May 25, 2007

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Case 1:06-cv-00507-LJB

Document 25

Filed 05/25/2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 25th day of May 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME FOR THE PARTIES TO FILE THEIR JOINT STATUS REPORT" 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/Richard P. Schroeder

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