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.
]