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

Case 1:94-cv-00518-EGB

Document 164

Filed 05/13/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MONARCH ASSURANCE, P.L.C., and THOMAS PATRICK DENTON TAYLOR, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 94-518C (Senior Judge Bruggink)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests the Court to enlarge by 75 days, to and including July 27, 2005, the time within which the parties must file a joint stipulation with regard to the letters rogatory that plaintiff will ask the Court to transmit to an appropriate court in the United Kingdom pursuant to the plaintiff's request to conduct depositions there. This

stipulation is presently due on May 13, 2005, the Court having granted defendant's previous unopposed motions for, respectively, a 29-day enlargement, a 35-day enlargement, a 33-day enlargement, a 33-day enlargement, a 37-day enlargement, a 75-day enlargement, and a 74-day enlargement. This is defendant's eighth request for Government counsel

an enlargement of time for this purpose.

attempted to contact plaintiff's counsel to learn whether plaintiff opposes this motion, but was unable to reach

Case 1:94-cv-00518-EGB

Document 164

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plaintiff's counsel.1 Plaintiff's counsel has not contacted Government counsel since our last motion for enlargement with regard to the joint stipulation. The additional time requested is necessary,

therefore, so that counsel can confer and prepare the joint stipulation. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s David M. Cohen DAVID M. COHEN Director

Government counsel prepared a draft motion, sent it to plaintiff's counsel on May 11, 2005 by telecopier, noted on the telecopier cover sheet that the motion was due on May 13, 2005, and requested plaintiff's counsel to notify Government counsel whether the draft motion was acceptable. Government counsel was out of the office on May 12, 2005, on travel. Government counsel has not heard from plaintiff's counsel with regard to the draft motion, and telephoned plaintiff's counsel's office on May 13, 2005 to inquire with regard to the draft motion, but the voice mail message on plaintiff's counsel's telephone stated that his offices were closed on May 13, 2005, and would reopen on May 16, 2005. -2-

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Case 1:94-cv-00518-EGB

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/s Thomas D. Dinackus THOMAS D. DINACKUS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tele: (202) 307-6289 Fax: (202) 514-7969 Attorneys for Defendant OF COUNSEL: Anthony Mucchetti Office of General Counsel Central Intelligence Agency May 13, 2005

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NOTICE OF FILING I hereby certify that on May 13, 2005, a copy of the foregoing "DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME" 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. system. I hereby further certify that on May 13, 2005, I caused to be served by United States mail (first class, postage prepaid) copies of the foregoing "DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME" addressed as follows: Raphael S. Moore, Esq. 413 F Street Davis, CA 95616 Parties may access this filing through the Court's

/s Thomas D. Dinackus