Free Motion for Hearing - District Court of Federal Claims - federal

Case 1:01-cv-00316-FMA

Document 43

Filed 04/14/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) SWARTZ ASSOCIATES, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) No. 01-316C (Judge Allegra)

DEFENDANT'S MOTION TO RESCHEDULE HEARING Defendant respectfully requests that this Court reschedule the hearing on defendant's motion to dismiss, currently scheduled for June 24, 2004 at 10:00 a.m. Defendant requests the rescheduling of the hearing because counsel of record for defendant is now scheduled to appear in a three week trial in Citizens Financial Services FSB v. United States, No. 93-306C, scheduled to run from June 14, 2004, until July 2, 2004. Defendant has consulted with counsel for plaintiff, and he does not oppose the motion. Counsel for plaintiff has stated that rescheduling the hearing in May would not be possible, and that dates in July would be acceptable alternatives. Therefore, the Government proposes that the hearing be rescheduled in July, between the 12th and 30th days of that month. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:01-cv-00316-FMA

Document 43

Filed 04/14/2004

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/s/ James M. Kinsella by /s/ Jeanne E. Davidson JAMES M. KINSELLA Deputy Director Of Counsel: JONI GIBSON Associate General Counsel United States Marshals Service 600 Army-Navy Drive Suite 1250 Arlington, VA 22202 Tel: (202) 307-9054 /s/ John H. Roberson JOHN H. ROBERSON Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-7972 Attorneys for Defendant Dated: April 14, 2004

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Case 1:01-cv-00316-FMA

Document 43

Filed 04/14/2004

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CERTIFICATE OF SERVICE I hereby certify that on this 14th day of April 2004, I caused to be placed in the United States mail (first class, postage prepaid) and to be served by facsimile, a copy of "Defendant's Motion to Reschedule Hearing" addressed as follows: Greg Sodini, Esq. Sodini & Spina 510 Thornall Street, Suite 180 Edison, New Jersey 08837 Facsimile (732) 603-0441

I also hereby certify that on this 14th day of April 2004, a copy of the foregoing "Defendant's Motion to Reschedule Hearing" 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 though the Court's system.

/s/ John Roberson JOHN ROBERSON

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