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

Case 1:08-cv-00357-CFL

Document 5

Filed 07/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARY E. VERBECK, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-357C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE RESPONSE TO COMPLAINT Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests an enlargement of time of 46 calendar days, to and including September 2, 2008, within to file its response to the complaint. Our answer presently is due on July 18, 2008. This is defendant's first request for an enlargement of time. Counsel for the defendant has consulted with plaintiff's counsel regarding this motion, and plaintiff's counsel has consented to this motion. The additional time is required for undersigned counsel to adequately prepare and file the Government's response to the complaint. Ms. Verbeck alleges that she worked for the United States Public Health Service Commissioned Corps ("PHS") and was assigned to positions with the Immigration and Naturalization Service.1 Undersigned counsel has not yet received a litigation report from either agency. Counsel for PHS, who was just assigned responsibility for this case, has informed us that she requires additional time to assemble the administrative record and prepare a litigation report. Counsel for the Department of Homeland Security will also On March 1, 2003, the immigration enforcement functions of the Immigration and Naturalization Service were transitioned from the Department of Justice into the Department of Homeland Security, Immigration and Customs Enforcement.
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Case 1:08-cv-00357-CFL

Document 5

Filed 07/11/2008

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require additional time to provide any information they have concerning the plaintiff's activities; we have requested that the Department of Homeland Security co-ordinate with PHS in this regard. Upon receiving litigation report and administrative record, the Department of Justice will need to review the information, and prepare the appropriate response to plaintiff's complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time.

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General

JEANNE E. DAVIDSON Director

s/ Bryant G. Snee BRYANT G. SNEE Deputy Director

s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 [email protected] July 11, 2008 Attorneys for Defendant -2-

Case 1:08-cv-00357-CFL

Document 5

Filed 07/11/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 11th day of July, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE RESPONSE TO COMPLAINT" 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/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice