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

Case 1:01-cv-00591-FMA

Document 223

Filed 04/04/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) KLAMATH IRRIGATION DISTRICT, et al.,

No. 01-591 L Judge Francis M. Allegra

DEFENDANT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT Pursuant to RCFC 6(b) and 6.1, and pursuant to the Court's Special Procedures Order (filed Dec. 17, 2004), Defendant United States hereby moves for a three week extension of the time, to and including May 4, 2005, to file its response to Plaintiffs' motion for partial summary judgment on the standing of the district plaintiffs to bring claims on behalf of the individual plaintiffs or water users. In support of this motion, Defendant states as follows. 1. Pursuant to the briefing schedule set forth in the Court's Order of February 15,

2005, on March 14, 2005, Plaintiffs filed their motion for partial summary judgment on the question of whether the district plaintiffs have standing to bring takings claims and contract claims on behalf of the individual water users in this case. 2. 3. Defendant's response to Plaintiffs' motion is due on April 13, 2005. Defendant finds that additional time is needed to respond to Plaintiffs' motion

because the first two weeks of the four week period given to Defendant to prepare its response to Plaintiffs' motion coincided with the time period during which Defendant was engaged in preparations for the oral argument held before the Court on March 30, 2005. 1

Case 1:01-cv-00591-FMA

Document 223

Filed 04/04/2005

Page 2 of 2

4.

In addition, Defendant's counsel of record will be in Chattanooga, Tennessee

from April 5 through April 8, 2005, for the purposes of taking and defending depositions in Cane Tennessee, Inc. v. United States, No. 96-237L and 00-513L (Fed. Cl.). Defendant's efforts to schedule these depositions for another week were unsuccessful due to the conflicting schedules of four expert witnesses and opposing counsel in the case, which is scheduled for trial in July. 5. This is Defendant's first request for an extension of time to file its response to

Plaintiffs' motion for partial summary judgment. 6. Defendant has contacted Plaintiffs' counsel regarding the extension requested in

this motion and has been informed that Plaintiffs will not oppose the motion. WHEREFORE, defendant respectfully requests that the Court grant this motion for a three week extension of time to file its response to Plaintiffs' motion for partial summary judgment, to and including May 4, 2005. Dated: April 4, 2005 Respectfully submitted, THOMAS L. SANSONETTI Assistant Attorney General Environment & Natural Resources Division

s/Kristine S. Tardiff KRISTINE S. TARDIFF United States Department of Justice Environment & Natural Resources Division General Litigation Section 53 Pleasant Street, 4th Floor Concord, NH 03301 Tel: (603) 230-2583 Fax: (603) 225-1577 E-Mail: [email protected] Attorney of Record for the Defendant 2