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

Case 1:94-cv-00522-MCW

Document 348

Filed 06/27/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS FIRST ANNAPOLIS BANCORP, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 94-522C (Judge Williams)

CONSENT MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSES TO POST-TRIAL BRIEFS Pursuant to Rule 6.1 of the Rules of the Court, defendant, the United States, respectfully requests an extension of time of 14 days, through and including July 23, 2007, for the Government and plaintiff, First Annapolis Bancorp, Inc. ("First Annapolis"), to file their responses to the post-trial briefs submitted by the parties on June 4, 2007. This is our first request for an extension of time for this purpose. The parties' responses are currently due to be filed on or before July 9, 2007. The Government requests the 14-day extension to allow sufficient time to review and study the trial record and the issues presented in the parties' post-trial briefs. In addition, from June 25, 2007 to July 13, 2007, three members of our trial team, including our lead attorney, Timothy Abraham, are in Spokane, Washington, for the trial of Sterling Savings Association, et al., v. United States, 95-CV-00829 (Wheeler, J.). Further, the Government's lead attorney during trial transferred to another division of the Department of Justice, and Mr. Abraham recently became lead attorney on April 30, 2007. In the interest of fairness, we also request that First Annapolis be granted an identical extension to file its response to our post-trial brief, also currently due on July 9, 2007.

Case 1:94-cv-00522-MCW

Document 348

Filed 06/27/2007

Page 2 of 3

On June 26, 2007, counsel for the Government contacted James Tompert, counsel for First Annapolis, and he consented to this motion. For these reasons, we respectfully request that our motion for an extension of time be granted.

Respectfully submitted, MICHAEL HERTZ Deputy Assistant Attorney General

JEANNE E. DAVIDSON Director /s/ Kenneth M. Dintzer KENNETH M. DINTZER Assistant Director

/s/ Timothy J. Abraham by Mark T. Pittman OF COUNSEL: SCOTT AUSTIN MELINDA HART MARK T. PITTMAN DELISA SANCHEZ Trial Attorneys TIMOTHY J. ABRAHAM Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 353-7760 Facsimile: (202) 305-7643 Attorneys for Defendant

June 27, 2007

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Case 1:94-cv-00522-MCW

Document 348

Filed 06/27/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on June 27, 2007, a copy of the foregoing "CONSENT MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSES TO POST-TRIAL BRIEFS" 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/ Mark T. Pittman __________________________ Mark T. Pittman

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