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Doj Motion for Enlargement

Doj Motion for Enlargement

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Published by: gillespie.jude on Jul 13, 2008
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02/01/2013

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
ex rel.

CARLOS URQUILLA-DIAZ,
JUDE GILLESPIE, and
BEN WILCOX

Relators,
v.
8:07-cv-669-T-23-TGW

KAPLAN UNIVERSITY
a/k/a Kaplan College
a/k/a Iowa College Acquisition Corp;
KAPLAN HIGHER
EDUCATION CORPORATION,
a division of Kaplan, Inc.,
wholly owned subsidiary of
The Washington Post Company

Defendants.
/
UNITED STATES\u2019 UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND
TO DEFENDANTS\u2019 MOTION TO DISMISS
The Plaintiff United States of America hereby files its Motion for Extension of

Time to Respond to the Defendants\u2019 Motion to Dismiss (Dkt. 21). The United States
seeks a two-week extension--i.e., until May 29, 2008--within which to file any statement
in response to Defendants\u2019 Motion to Dismiss. Defendants do not oppose this request.
On May 1, 2008, Defendants filed their Motion to Dismiss (Dkt. 21), raising
issues of interest to the United States, including some that appear to be issues of first
impression in this Circuit. By Local Rule 3.01(b), any response thereto is due on or

Case 8:07-cv-00669-SDM-TGW Document 23
Filed 05/12/2008 Page 1 of 3
1 The United States is the real party in interest in a qui tam suit, and remains so even after declining to

intervene. See U.S. ex. rel. Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008). Accordingly, the
United States respectfully submits that it is appropriate for the U.S. to respond to the post-declination
filings of other parties when necessary to preserve the interests of the United States. See, e.g., U.S. ex.
rel. McCready v. Columbia/HCA, 251 F.Supp.2d 114, 120 (D.D.C. 2003).

-2-

before May 15, 2008.1The undersigned has been conferring with attorneys from the
Department of Justice and the Department of Education to determine whether to file a
statement in response on those issues and, if so, to draft that response. Unfortunately,
because of the complexity of the issues and the two separate offices with which the
undersigned must confer, the determination and drafting cannot be completed by May
15, 2008. Hence the requested extension.

As the deadline for filing any response has not yet run, this Motion is made
pursuant to Rule 6(b)(1)(A), Federal Rules of Civil Procedure, and the granting of same
is a matter wholly within the Court\u2019s discretion. The United States respectfully submits
that permitting the brief extension requested will allow the United States adequate time
to confer with other relevant federal components and, if necessary, to thereafter
formulate a directed, concise response most useful to the Court.

Respectfully submitted,
Dated: May 12, 2008
ROBERT E. O\u2019NEILL
United States Attorney
By:
s/Charles T. Harden III
CHARLES T. HARDEN III

Assistant United States Attorney
Florida Bar No. 97934
400 North Tampa Street, Suite 3200

Tampa, Florida 33602

Telephone No: (813) 274-6316
Facsimile: (813) 274-6200
E-mail:charles.harden@usdoj.gov

Case 8:07-cv-00669-SDM-TGW Document 23
Filed 05/12/2008 Page 2 of 3

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