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

Case 1:04-cv-01544-LMB

Document 72

Filed 04/27/2007

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________ ) THE ELLAMAE PHILLIPS COMPANY, ) a Colorado Registered Limited Liability Partnership, ) ) Plaintiff, ) No. 04-1544 L -vs) ) Honorable ) Lawrence M. Baskir, UNITED STATES OF AMERICA, ) Judge ) Defendant. ) ________________________________________________) PLAINTIFF'S MOTION FOR TWO DAY ENLARGEMENT OF TIME TO FILE PLAINTIFF'S RESPONSE TO THE DEFENDANT'S SUBMISSION IN RESPONSE TO THIS COURT' ORDER OF MARCH 15, 2007 Motion for Enlargement of Time Plaintiff, by its undersigned attorney, moves that the time for filing of Plaintiff's Response to the Defendant's Submission in Response to this Court' Order of March 15, 2007 be enlarged from April 27, 2007 (the present due date) to Tuesday, May 1, 2007. Grounds for this Motion are set forth below. Consultation with Opposing Counsel The undersigned has emailed opposing counsel (Wm. Shapiro, Esq. of the Justice Department in Sacramento, requesting consent to this Motion but has not

Case 1:04-cv-01544-LMB

Document 72

Filed 04/27/2007

Page 2 of 5

yet received a reply from Mr. Shapiro other than an auto-reply advising that Mr. Shapiro is out of his office until Monday, April 30, 2007. A phone call and confirming email to the staff person at the Department of Justice covering this case, Felicia Lesesne, had not been returned as of the time of submission of this Motion. Grounds for this Motion The DOJ response to this Court's March 15, 2007 Order (mistakenly titled a response to this Court's January 30, 2007 Order) implicates the jurisprudence of claim preclusion and issue preclusion arising from the Federal Circuit's mandate in Hash v. United States, 403 F.3d 1308, 1818 (Fed. Cir. 2005). While the undersigned has access at all times to electronic legal research of federal and state decisional materials, research involving textual authorities (such as Wright and Miller or Moore's Federal Practice) requires travel from my offices in Telluride, Colorado to a research law library. The undersigned arrived in Provo, Utah on April 26, 2007 (the first available date on my calendar after receipt of DOJ's April 6, 2007 filing) to carry out research at the law library at Brigham Young University. The dates of April 26, 2007-May 1, 2007 were the first I could schedule for travel to major research
2

Case 1:04-cv-01544-LMB

Document 72

Filed 04/27/2007

Page 3 of 5

facilities, the nearest of which, to Telluride, are the University of Colorado in Boulder (a seven hour drive), the New Mexico Supreme Court in Santa Fe or the University of New Mexico in Albuquerque (six hours) or BYU in Provo or the University of Utah in Salt Lake City (six to seven hours, respectively). The two working day postponement in filing requested herein should not prejudice the Department of Justice or unduly delay the Court's handling of this matter. Conclusion For the reasons set forth above, we respectfully move that the Court order extension of deadline as proposed above to May 1, 2007. Dated: April 27, 2007 Respectfully submitted,

s/ Geo. M. Allen GEORGE M. ALLEN 206-A Society Dr. Telluride, CO 81435 Telephone: 970-369-1000 Facsimile: 970-369-1009 Email: [email protected] Counsel for Plaintiff

3

Case 1:04-cv-01544-LMB

Document 72

Filed 04/27/2007

Page 4 of 5

Certificate of Service I hereby certify that I have, at Provo, Utah, this 27th day of April, 2007, served the document described below on counsel set forth below by the means of service set forth below: Document Served PLAINTIFF'S MOTION FOR TWO DAY ENLARGEMENT OF TIME TO FILE PLAINTIFF'S RESPONSE TO THE DEFENDANT'S SUBMISSION IN RESPONSE TO THIS COURT' ORDER OF MARCH 15, 2007 Means of Service automatic service by the Court's ECF filing system Counsel Served MATTHEW J. McKEOWN, ESQ. Acting Assistant Attorney General Environment & Natural Resources Division United States Department of Justice WILLIAM J. SHAPIRO, ESQ. Trial Attorney Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Telephone: 202-305-0479 Facsimile: 202-305-0506 Email: [email protected]

4

Case 1:04-cv-01544-LMB

Document 72

Filed 04/27/2007

Page 5 of 5

RICHARD A. ALLEN, ESQ. RALPH L. KISSICK, ESQ. Zuckert Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, N.W. Washington DC 20006-3309 202-298-8660 [email protected]

ANDREA FERSTER, ESQ. General Counsel Rails to Trails Conservancy 1100 17th St., N.W. Washington DC 20036 202-974-5142 [email protected]

s/Geo. M. Allen George M. Allen

c:\phc\2007-04-27.mtn
5