UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

WILLIAM THOMAS,
         Plaintiff,

        v.                             Civil Action No. 99-0330
                                                    (SS)
OFFICER DAVID LOMBARDI,
        Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME

The defendant, by and through counsel, respectfully moves this Court pursuant to Rule 6(b)(1), Fed. R. Civ. P., to enlarge the time to answer or otherwise respond to the complaint until June 14, 1999. Plaintiff's counsel consents to this request.

The answer is due on May 19, 1999. Due to the press of other business, the defendant will need more time to respond to the complaint. In particular, the defendant's counsel learned this week that the trial in DeLorbe v. Billington, Civil Action No. 97-1621 will recommence next week; thus, the undersigned has had to begin preparing for that trial again and has not, as a result been able to focus on this matter.

From May 20, 1999, to June 1, 1999, the undersigned will be on annual leave, which has been planned for several months and which involves non-refundable airline tickets. Once the undersigned returns, she has several other pressing matters that she must address including briefs in other cases as well as the settlement of a complex class action. For these reasons, the

undersigned will need more time to complete the response in this case.

WHEREFORE, based on the foregoing, the defendant respectfully requests that the time for answering or otherwise responding to the complaint be extended to and including June 14, 1999. 1/

Respectfully submitted,

(signed) _
WILMA A. LEWIS, DC Bar #358637
United States Attorney

(signed)
MARK E. NAGLE, DC Bar #416364
Assistant United States Attorney

(signed)
STACY M. LUDWIG, DC Bar #448719
Assistant United States Attorney

______________________-

1/ Defendant hereby reserves all defenses available to him under Fed. R. Civ. P. 12(b), including qualified immunity.

CERTIFICATE OF SERVICE

I hereby certify that the foregoing copy of the motion for enlargement of time has been mailed via first class mail, this 14th day of May 1999, addressed to:

Daniel M. Schember
Alisa Wilkins
Gaffney & Schember
1666 Connecticut Avenue, N.W.
Suite 225
Washington D.C. 20009

(signed)
STACY M. LUDWIG
Assistant United States Attorney
Judiciary Center Building
555 Fourth St., N.W.
Washington, D.C. 20001
(202) 514-7147

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

WILLIAM THOMAS,
         Plaintiff,

        v.                             Civil Action No. 99-0330
                                                    (SS)
OFFICER DAVID LOMBARDI,
        Defendant.

ORDER

UPON CONSIDERATION of the defendant's unopposed motion for enlargement of time and for good cause shown, it is this day of , 1999,

ORDERED, that the defendant's motion should be and is hereby granted, and it is further

ORDERED, that the defendant shall have to and including June 14, 1999, within which to answer or otherwise respond to the complaint.

UNITED STATES DISTRICT JUDGE

Stacy M. Ludwig
Assistant United States Attorney
Judiciary Center Building
555 4th Street, N.W.
Room 10-121
Washington, D.C. 20001

Daniel M. Schember
Alisa Wilkins
Gaffney & Schember
1666 Connecticut Avenue, N.W.
Suite 225
Washington D.C. 20009