Defendants' Motion for Enlargement of Time


Defendants Motion for Enlargement of Time

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


     William Thomas, et. al.       |          C.A. No. 94-2742
           Plaintiffs pro se,      |          Judge Charles R. Richey
                                   |
               v.                  |
                                   |
     The United States, et. al.    |
           Defendants.             |

DEFENDANTS' MOTION FOR A ONE-BUSINESS DAY ENLARGEMENT OF TIME

Defendants respectfully request, pursuant to Fed. R. Civ. P. 6(b), an enlargement of time of one business day, to and including nay 15, 1995, within which to file their combined motions for partial reconsideration of the Court's April 12, 1995 Order and to dismiss the amended complaint, or for summary judgment, and their response to the plaintiffs' motion for partial reconsideration of the Court's April 12, 1995 Order. In support of this motion, defendants state as follows:

Due to the pressing workload of the Assistant United States attorney with primary responsibility for this matter, including assignment of two emergency matters this week, counsel for defendant has not had an adequate opportunity to prepare the pleadings due on this date. In addition, since defendants seek to dispose of the case, counsel for the defendants must carefully review the extensive pleadings in this matter to ascertain the remaining claims, and to refer the Court to the specific pleadings and filings which address any such claims. Counsel for defendant further states that she has substantially completed the pleadings due to be filed today, and anticipated that they could be filed.

1

However, due to the need to respond to pressing matters in her other cases throughout the day, counsel was unable to complete the pleadings due in this case.[1]

This motion is sought in good faith and with no intention to unduly delay these proceedings. At approximately 5:30 p.m., counsel for defendant attempted to contact Mr. Thomas by telephone to obtain his consent to this relief, but was unable to reach him.

WHEREFORE, defendants respectfully request that the time within which they may file their combined motions for partial reconsideration of the Court's April 12, 1995 Order and to dismiss the amended complaint, or for summary judgment, and their response to the plaintiffs ' motion for partial reconsideration of the Court's April 12, 1995 Order be enlarged to and including May 15, 1995.

Respectfully submitted,

_____________________________________
ERIC H. HOLDER, JR., D.C. BAR #303115
United States Attorney

_____________________________________
KIMBERLY N.TARVER D.C. BAR #422869
Assistant United States Attorney

OF COUNSEL: RANDOLPH MYERS, Esq.


[1 Counsel notes that at approximately 3:00 p.m. she spoke with Mr. Thomas, and indicated to him that she intended to file defendants briefs today, and would serve him with a copy by Federal Express. Counsel further notes that at the time of this conversation with Mr. Thomas she believed that she would be able to complete the pleadings due today, hut as the day progressed was unable to do so. Counsel in no way intended to mislead Mr. Thomas about the timing of defendants filings. ]