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Case 1:06-cv-00734-RBW Document 41 Filed 05/09/2008 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA










v.



Plaintiffs,





)
JOSE MANUEL VEGA FRANQUI, et al.,
)


)


)


) Case No. 1:06-CV-00734-(RBW)



)

GREAT SOCIALIST PEOPLE’S LIBYAN ARAB )
)
JAMAHIRIYA, et al.,


)
)
)


Defendants.





























JOINT CONSENT MOTION FOR EXTENSION OF TIME

Plaintiffs, Jose Manuel Vega Franqui, et al, and Defendant Great Socialist People’s

Libyan Arab Jamahiriya (“Libya”), by undersigned counsel, hereby move pursuant to Fed R Civ

P. Rule 6 for an extension of forty-five (45) additional days for Plaintiffs to reply, move or

otherwise respond to Defendant’s Motion to Dismiss the First Amended Complaint on or before

June 26, 2008, and an extension of twenty-one (21) days for Defendant to answer, move or

otherwise respond to Plaintiffs’ Response to Defendant’s Motion to Dismiss Plaintiff’s Amended

Complaint. In support of this Motion, the parties state as follows:

1. On March 28, 2008, Plaintiffs filed an Amended Complaint stating new claims

pursuant to 28 U.S.C § 1605A while abandoning their claims pursuant to 28 U.S.C §

1605(a)(7).

2. On May 2, 2008, Defendant filed its Motion to Dismiss Amended Complaint.

3. Pursuant to Fed R Civ Pro.15(a)(3), Plaintiffs’ Response to the Motion to Dismiss is

currently due May 12, 2008.

4. Given the complex issues concerning recently enacted amendment to the Foreign

Sovereign Immunities Act that effectively change 28 U.S.C § 1605(a)(7) to the new

Case 1:06-cv-00734-RBW Document 41 Filed 05/09/2008 Page 2 of 4

28 U.S.C § 1605A (both procedurally and substantively), Plaintiffs request an

additional forty-five (45) days until June 26, 2008 to reply, move or otherwise

respond to Defendant’s Motion to Dismiss the First Amended Complaint. Plaintiff

requires additional time to analyze Defendant’s forty page (inclusive of exhibits)

Motion to Dismiss, that includes arguments not previously raised in Defendant’s

original Motion to Dismiss.

5. For similar reasons, Defendant requests an additional twenty-one (21) days until July

17, 2008 to answer, move or otherwise respond to Plaintiff’s Response.

6. This brief extension will not affect any deadline imposed by the Court, as no

deadlines have yet been set in this case. No party will be prejudiced by this brief

extension.

7. No prior request for an extension of time to respond to the Amended Complaint has

been made.

8. Undersigned counsel certifies that in accordance with Local Rule LCvR 7(m), they

have consulted with each other regarding this joint request for an extension and both

parties consent to the relief requested herein.

WHEREFORE, Plaintiffs and Defendant request that the Court grant their Joint Consent

Motion for an extension of forty-five (45) days for Plaintiffs to reply, move or other respond to

the Defendant’s Motion to Dismiss the Amended Complaint before June 26, 2008, and an

extension of twenty-one (21) days for Defendant to answer, move or otherwise respond to

Plaintiffs’ Response to Defendant’s Motion to Dismiss the Amended Complaint before July 17,

2008.





Case 1:06-cv-00734-RBW Document 41 Filed 05/09/2008 Page 3 of 4

Respectfully submitted,



/s/ Joshua M. Ambush
____________________________________
Joshua M. Ambush, Esq.
(Bar# MD27025)
Law Offices of Joshua M. Ambush, LLC
Hilton Plaza
1726 Reisterstown Road
Suite 206
Baltimore, Maryland 21208
(410) 484-2070
(410) 484-9330 (facsimile)
[email protected]













Attorney for Jose Manuel Vega Franqui,
et al.

















/s/ Mark A. Johnston

___________________________________
Thomas Whalen, Esq. (D.C. Bar # 208512)

Mark Johnston, Esq. (D.C. Bar # 455764)

Eckert Seamans Cherin & Mellott, LLC
1747 Pennsylvania Ave., N.W.



Suite 1200


Washington, D.C. 20006

(202) 659-6600


Fax: (202) 659-6699



[email protected]
[email protected]


Of Counsel:

Wendy West Feinstein, Esq.
Eckert Seamans Cherin & Mellott, LLC
600 Grant Street, 44th Floor
Pittsburgh, PA 15219
(412) 566-6000
Fax: (412) 566-6099
[email protected]

Attorneys for Great Socialist People’s
Libyan Arab Jamahiriya a/k/a Libya

Dated: May 8, 2008


















CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Joint Consent Motion for



Extension of Time was electronically filed and served, this 8th day of May, 2008, to Mark
Johnston, Esq., Thomas Whalen, Esq., Wendy West Feinstein, Esq., Eckert Seamans Cherin &
Mellott, LLC, 1747 Pennsylvania Ave., N.W., Suite 1200, Washington, D.C. 20006.








/s/ Joshua M. Ambush
________________________________
Joshua M. Ambush, Esq.














Case 1:06-cv-00734-RBW Document 41 Filed 05/09/2008 Page 4 of 4



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA










v.



Plaintiffs,





)
JOSE MANUEL VEGA FRANQUI, et al.,
)


)


)


) Case No. 1:06-CV-00734-(RBW)



)

GREAT SOCIALIST PEOPLE’S LIBYAN ARAB )
JAMAHIRIYA, et al.,
)
)


)
)


Defendants.


























ORDER




Upon consideration of Plaintiffs’ and Defendant’s Joint Consent Motion for Extension of

Time, the record herein, and the Court being duly advised in the premises, it is, by the Court this

______ day of May 2008,



ORDERED, that Plaintiffs’ and Defendant’s Joint Consent Motion is GRANTED that

Plaintiffs have until June 26, 2008 to answer, move or otherwise respond to Defendant’s Motion

to Dismiss the Amended Complaint and Defendant has u

ntil July 17, 2008 to answer, move or otherwise respond to Plaintiff’s Opposition.


























__________________________________
Judge Reggie B. Walton
U.S. District Court for the District of Columbia