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

Case 1:08-cv-00325-MBH

Document 6

Filed 06/20/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JAMES A. ROSEBORO, Ph.D., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-325C (Judge Horn)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT Pursuant to Rule 6(b) of the Rules of this Court, defendant, United States, respectfully requests an enlargement of time of 38 days, to and including August 7, 2008, within which to respond to the complaint filed by plaintiff, James A. Roseboro, Ph.D. Our response currently is due June 30, 2008, and a status conference with the Court is scheduled for July 8, 2008. This is our first request for an enlargement of time for this purpose. Counsel for Mr. Roseboro does not oppose this request. We currently intend to respond to Mr. Roseboro's complaint with a motion to dismiss upon the ground that the case was not filed within the applicable statute of limitations, and are exploring whether other bases for a dispositive motion exist. Pursuant to the Court's June 17, 2008 order, we will be prepared to discuss these issues during the July 8, 2008 status conference. In addition, although we believe the Court may be able to resolve this matter without an administrative record being filed, we have requested the agency to prepare the record. However, counsel for the agency, who was not assigned to this case until June 2, 2008, requires additional time to complete that task. In turn, we will require additional time upon receipt of the administrative record to study it, and determine the most appropriate response to the complaint. Therefore, we anticipate that an additional 38 day (30 days from the date of the parties' status conference) will be required to prepare our response. For these reasons, we respectfully request the Court to grant this motion for an enlargement of time through and including August 7, 2008 for the filing of a response to the complaint.

Case 1:08-cv-00325-MBH

Document 6

Filed 06/20/2008

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Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Bryant G. Snee BRYANT G. SNEE Assistant Director s/Allison Kidd-Miller ALLISON KIDD-MILLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-3020 June 20, 2008 Attorneys for Defendant

Case 1:08-cv-00325-MBH

Document 6

Filed 06/20/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 20th day of June, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND 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/Allison Kidd-Miller