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Case 1:05-cv-01119-SGB Document 6 Filed 12/15/2005 Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ROCCO TOMMASEO, and
THOMAS TOMMASEO, and
ROCKY AND CARLO, INC., and
STEVEN BORDELON, husband of,
and CYNTHIA BORDELON and,
STEVE’S MOBILE HOME & R.V. REPAIR,
INC.


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__________________________________________)

UNITED STATES OF AMERICA,

Defendant.

Plaintiffs,

v.

No. 05-1119L

Hon. Susan G. Braden

MOTION FOR ENLARGEMENT OF TIME

IN WHICH TO FILE RESPONSE TO PLAINTIFFS’ ORIGINAL CLASS COMPLAINT

________________________________________

Defendant UNITED STATES hereby moves for an enlargement of time of 30 days, or to

and including January 17, 2006, for the filing of its response to Plaintiffs’ Original Class Action

Complaint in the above captioned matter.

Plaintiffs’ Original Class Action Complaint was filed on October 17, 2005, and

accordingly Defendant’s answer thereto is currently due on December 16, 2005.

No previous enlargements of time for this response have been requested.

This claim arises out of actions allegedly taken by the United States Army Corps of

Engineers (“Corps”) in and around St. Bernard Parish, Louisiana. Pls.’ Class Comp. at ¶¶ 4-8.

As the Court is doubtlessly aware, the New Orleans area was ravaged by Hurricane Katrina and

its associated flooding in August of this year. Plaintiffs allege that the Corps’ actions with

respect to the construction and maintenance of the Mississippi River Gulf Outlet resulted in

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Case 1:05-cv-01119-SGB Document 6 Filed 12/15/2005 Page 2 of 3

flooding and a taking of their property in the aftermath of Hurricane Katrina. Pls.’ Class Comp.

at ¶¶ 14-19.

As has been widely reported in the media, the Corps’ New Orleans office, including its

counsel, have been exceedingly busy in the past few months helping to remedy the devastation

done by Hurricane Katrina. Five of the office’s attorneys have been assigned full-time to Task

Force Guardian, a project whose goal is the cleanup and repair of the area’s breached levees

before June of 2006. The office’s sole environmental attorney, who was injured and suffered the

loss of his house during the storm, is currently rehabilitating in California. The office’s few

remaining attorneys have been left to perform all normal duties, as well as respond to countless

requests for information pursuant to the Freedom of Information Act (“FOIA”), despite being

shorthanded.

Plaintiffs’ complaint raises several highly technical and complicated issues which can

only be addressed by Corps personnel; thus, additional time is required to address Plaintiff’s

allegations and prepare an appropriate response. Accordingly, Defendant requests this 30-day

enlargement of time.

Counsel for Defendant has conferred with counsel for Plaintiffs who has indicated that

Plaintiffs do not object to this enlargement.

Dated: December 15, 2005

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Case 1:05-cv-01119-SGB Document 6 Filed 12/15/2005 Page 3 of 3

Respectfully submitted,

SUE ELLEN WOOLDRIDGE
Assistant Attorney General
Environment & Natural Resources Division

s/ Mark T. Romley

Mark T. Romley
Trial Attorney
Natural Resources Section
Environment & Natural Resources Division
United States Department of Justice
P.O. Box 663
Washington, D.C. 20044-0663
Phone: (202) 305-0458
Fax: (202) 305-0274
E-mail: [email protected]

Of counsel:

Fred R. Disheroon
Special Litigation Counsel
Natural Resources Section
Environment & Natural Resources Division
United States Department of Justice
P. O. Box 663
Washington, D.C. 20044-0663
Telephone: (202) 616-9649
Fax: (202) 305-0506

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