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

Case 1:99-cv-04451-ECH

Document 269

Filed 08/05/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JOHN H. BANKS, et. al. Plaintiffs, v THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) )

NO. 99-4451 L Judge Emily C. Hewitt

EUGENE J. FRETT, Individually and as Trustee of the Victor J. Horvath and Frances B. Horvath Trust, Plaintiffs, v. THE UNITED STATES, Defendant. _________________________________

) ) ) ) ) ) ) )

No. 05-1353 L

PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TEN DAYS TO FILE REPLY DUE UNDER THE COURT'S ORDER DATED JULY 2, 2008 Pursuant to the Court's Order dated July 2, 2008 (Document 267), Plaintiffs' Reply to Defendant's Response to Plaintiffs' Damages Trial Memorandum is due "... on or before Tuesday, August 12, 2008." Plaintiffs' now respectfully request the Court to extend the aforesaid date to on or before Friday, August 22, 2008 for the following reasons: 1. Plaintiffs need the additional time to complete preliminary soil and lake bed sampling at the Plaintiffs' respective properties. 2. Plaintiffs need the additional time to research the appropriate quantitative definition of sandy vs. cohesive shorelines. 3. Plaintiffs need the additional time to obviate conflicts with a previously

Case 1:99-cv-04451-ECH

Document 269

Filed 08/05/2008

Page 2 of 3

planned one-week business trip to California by Christensen, and personal family vacations by Ehret and Frett. Plaintiffs' attorney John Ehret has conferred with Terry M. Petrie, counsel for Defendant, The United States, who advised that Defendant does not oppose Plaintiffs' request. Respectfully submitted,

Dated: August 5, 2008

s/John B. Ehret_________________ John B. Ehret Attorney for Plaintiffs 20860 Greenwood Drive Olympia Fields, IL 60461 Telephone: (708) 748-8975 Fax: (708) 748-7661 Email: [email protected]

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Case 1:99-cv-04451-ECH

Document 269

Filed 08/05/2008

Page 3 of 3

CERTIFICATE OF SERVICE I, John B. Ehret, an attorney, do hereby certify that on the 5th day of August, 2008 I caused to be electronically filed with the United States Court of Federal Claims PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TEN DAYS TO FILE REPLY DUE UNDER THE COURT'S ORDER DATED JULY 2, 2008 to be served on below listed attorneys of record: Eugene J. Frett, Esq SPERLING AND SLATER P.C. 55 West Monroe Street Suite 3200 Chicago, IL 60603 Telephone: 312.641.3200 Fax: 312.641.6492 [email protected] Terry M. Petrie Environmental and Natural Resources Division U. S. Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 Telephone: 303.844.1369 Fax: 303.844.1350 [email protected]

Mark E. Christensen Christensen & Ehret Attorney at Law 222 West Adams Street 21st Floor Chicago, IL 60606 Telephone: 312.634.1014 Fax: 312.634.1018 [email protected] s/ John B. Ehret________________ John B. Ehret

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