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Case 1:08-cv-00367-MMS Document 7 Filed 08/01/2008 Page 1 of 3 IN THE UNITED STATES COURT OF FEDERAL CLAIMS NICOLE S. BORNSTEIN, et al., Plaintiff, v.
THE UNITED STATES,
Defendant.
No. 08-367C (Judge Sweeney) MOTION FOR LEAVE TO FILE ANSWER OUT OF TIME Defendant respectfully requests leave of the Court to file the attached answer out of time.
The answer was due on July 21, 2008.
This is one of more than 30 cases – 10 of which were filed in the past year – involving virtually identical complaints filed on behalf of various Drug Enforcement Administration diversion investigators, asserting claims under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.
Due to an oversight, the deadline for the answer in this case was not correctly recorded on Government counsel’s calendar.
Government counsel became aware of this oversight today.
The granting of leave to file the attached answer out of time will not cause any prejudice.
The allegations contained in the complaint are substantially the same as those contained in numerous earlier complaints filed by counsel for plaintiffs in this case.
And, the Government's response to the complaint in this case is substantially the same as its response to the earlier complaints.
For the foregoing reasons, we respectfully request that our motion for leave to file our answer out of time be granted.
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Case 1:08-cv-00367-MMS
Document 7
Filed 08/01/2008
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Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/Todd M. Hughes TODD M. HUGHES Deputy Director
Filed Electronically
s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W.
Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-8275 Fax:
(202) 305-7643 Attorneys for Defendant
August 1, 2008
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Case 1:08-cv-00367-MMS Document 7 Filed 08/01/2008 Page 3 of 3 CERTIFICATE OF FILING I hereby certify that on the 1st day of August 2008, a copy of the foregoing MOTION FOR LEAVE TO FILE ANSWER OUT OF TIME was filed electronically.
I understand that notice of this filing will be sent to all parties by operation of the Court’s electronic filing system.
Parties may access this filing through the Court’s system.
s/Shalom Brilliant
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