3 August 1998
Source: David Sweigert

[Filed July 28, 1998]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

THIRD MOTION FOR ENLARGEMENT OF TIME
TO RESPOND TO PLAINTIFF’S COMPLAINT

Defendant, the Department of the Army, by and through its attorneys, Lynne A. Battaglia, United Sttaes Attorney for the District of Maryland and Larry D. Adams, Assistant United States Attorney for the said district, hereby files this third motion for enlargement of time to respond to plaintiff’s complaint for the reasons set forth below:

On March 3, 1998, the plaintiff filed a pro se complaint in the above-referenced case. The summons and complaint were served on the United States Attorney on or about March 5, 1998. The government was granted an extension of time to answer until July 3, 1998. The government moved for another extension until August 3, 1998, for the agency to obtain all necessary documents. That motion was granted. The Plaintiff filed a Fourth Amended Complaint which made this matter even more convoluted that it was originally.

The Department of the Army, the defendant agency, despite its best efforts has still not been able to obtain all the documents necessary to prepare a motion to dismiss, or motion for summary judgement. The Army estimates it needs an additional 30 days beyond August 3, 1998 to obtain these records and prepare a responsive pleading.

Accordingly, the defendant respectfully requests that this Court grant it an enlargement of time of 30 days for the reasons stated above, and order the defendant’s answer or other responsive pleading be due on or before September 2, 1998.

Respectfully submitted,

Lynne A. Battaglia
UNITED STATES ATTORNEY

Larry D. Adams
Assistant United States Attorney
Attorney No. 03118
6625 United States Courthouse
101 West Lombard Street
Baltimore, MD 21201-2692
(410)-209-4800