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

Case 1:93-cv-00655-MMS

Document 154

Filed 06/26/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ANAHEIM GARDENS, et al., Plaintiffs, v. No. 93-655C Judge Robert H. Hodges, Jr.

THE UNITED STATES, Defendant.

PLAINTIFFS' UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE REPLY BRIEF Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), the Plaintiffs, by and through undersigned counsel, request a four businessday extension in the time for them to file their reply brief in support of its motion to amend the complaint in this case (the "Motion"), through and including Friday, July 6, 2007. The reply brief is currently due on Friday, June 29, 2007. This is the Plaintiffs' first request for an enlargement of time for this purpose. Counsel for the defendant, David Harrington, does not oppose this motion. The Plaintiffs' Motion was contained in their Opposition to the Government's motion for a protective order. The Plaintiffs' Motion was filed on May 25, 2007 (a correct copy was filed a few days thereafter). The Government's reply brief was originally due on June 11, 2007, but the deadline to file that reply brief was extended without opposition through and including June 15, 2007. Since receiving the Government's reply brief, the Plaintiffs have been engaged in completing and serving responses to two sets of extensive discovery requests filed by the Government in this case, working with the Government to schedule depositions in this case, and preparing

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Case 1:93-cv-00655-MMS

Document 154

Filed 06/26/2007

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for those depositions, the first of which will take place this week. In addition, a status conference in another matter pending the U.S. district court in Kentucky was unexpectedly scheduled for this week, requiring Plaintiffs' counsel to be absent from his office for most of two days this week. As a result, additional time is required in order to prepare the reply brief. Accordingly, the Plaintiffs respectfully request that the Court grant this motion for an enlargement of time of four business days through and including July 6, 2007, to enable the Plaintiffs to submit a reply brief in support of its Motion. Dated: June 26, 2007 Respectfully submitted: /s/ Harry J. Kelly______________ Harry J. Kelly NIXON PEABODY LLP 401 Ninth Street, N.W., Suite 900 Washington, D.C. 20004 (202) 585-8000 . Attorneys for the Plaintiffs

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Case 1:93-cv-00655-MMS

Document 154

Filed 06/26/2007

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CERTIFICATE OF FILING I hereby certify that on the 26th day of June, 2007, a copy of the foregoing Plaintiffs' Unopposed Motion For An Enlargement Of Time To File Reply Brief 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. Additionally, a copy of this filing has been transmitted by facsimile to the Government's counsel, David Harrington, Esq.

/s/ Harry J. Kelly

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