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

Case 1:04-cv-01544-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Case No. 04-1544 L THE ELLAMAE PHILLIPS COMPANY, a Colorado Registered Limited Liability Partnership, Plaintiff, -vsHonorable Lawrence M. Baskir, Judge

UNITED STATES OF AMERICA, Defendant. ======= § =======

PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME FOR FILING RESPONSE TO DEFENDANT'S MOTION FOR CERTIFICATION FOR INTERLOCUTORY APPEAL ======= § ======= Motion Plaintiff, by its attorney, George M. Allen, hereby moves that the time for filing of Plaintiff's response to the United States' recently filed motion for certification of this case for an interlocutory appeal be enlarged to Wednesday, November 21, 2007. Consultation with Opposing Counsel The undersigned has conferred with William Shapiro of the Department of

Case 1:04-cv-01544-LMB

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Justice. Mr. Shapiro counsel for the United States. I am authorized by Mr. Shapiro to state that the United States does not oppose this Motion. Grounds for the Motion Due to other commitments, the undersigned will not be able to start work on researching and drafting a response to the Government's certification motion until November 1, 2007, when I shall be in Washington, D.C.. Because the Government's motion references the impact of this litigation on other pending cases involving the same or similar issues. review of those cases is germane to the Plaintiff's response. This can be carried out in Washington on November 1 and 2, 2007. Prior to the filing of the certification motion by the United States, this writer had committed to a brief holiday in northern Vermont, visiting my cousin Stan Baker, whom I have not seen since my mother's memorial service in 2004. I expect to be in Vermont and New England until November 11, 2007. I plan to consult with my clients at Snowmass, Colorado on November 12 or 13, 2007. The time requested for response is in order to have sufficient time to carry out research and consult with the partners in the Ellamae Phillips Company prior to drafting and filing the response.
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This case has been pending for several years, including a near-one-year stay at the Government's request to await the Federal Circuit's decision in the Hash litigation, and there will be no prejudice to any party from the additional time requested herein. Conclusion For the reasons set forth above, we respectfully move that the time for filing of Plaintiff's response to the United States' certification motion be enlarged to November 21, 2007. Respectfully submitted, s/ Geo. M. Allen GEORGE M. ALLEN 206-A Society Dr. Telluride, CO 81435 Telephone: 970-369-1000 Facsimile: 970-369-1009 Email: [email protected] Counsel for Plaintiff

Telluride, Colorado October 25, 2007
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Certificate of Service I hereby certify that I have, at Telluride, Colorado this 25th day of October, 2007, served the document(s) described below on counsel set forth below by the means of service set forth below: Documents PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME FOR FILING RESPONSE TO DEFENDANT'S MOTION FOR CERTIFICATION FOR INTERLOCUTORY APPEAL Means of Service automatic service pursuant to electronic filing and email to Ms. Ferster Counsel Served RONALD J. TENPAS, Esq. Acting Assistant Attorney General Environment & Natural Resources Division United States Department of Justice WILLIAM J. SHAPIRO, ESQ. Trial Attorney Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Telephone: 202-305-0479 Facsimile: 202-305-0506 Email: [email protected]

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RICHARD A. ALLEN, ESQ. RALPH L. KISSICK, ESQ. Zuckert Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, N.W. Washington DC 20006-3309 202-298-8660 [email protected]

ANDREA FERSTER, ESQ. General Counsel Rails to Trails Conservancy 1100 17th St., N.W. Washington DC 20036 202-974-5142 [email protected]

s/ Geo. M. Allen George M. Allen

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