UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION PHILLIP B.

PROCTOR and TINA PROCTOR Plaintiffs V. UNITED STATES OF AMERICA Defendant : : : : : : : :

CASE NO. 5:11-cv-27

PLAINTIFFS' UNCONTESTED MOTION FOR AN ENLARGEMENT OF TIME WITH WHICH TO FILE A RESPONSE TO DEFENDANT'S MOTION TO DISMISS Plaintiffs Phillip and Tina Proctor, by and through their counsel, Lucas & Nowak, LLP, pursuant to F. R. Civ. P. 6, moves this Honorable Court to enlarge the time to respond to the Defendant's Motion to Dismiss, and in support thereof respectfully show the Court that: 1. Plaintiffs were served with Defendant's Motion to Dismiss on April 5, 2011. 2. Plaintiffs' prescribed time period for filing and service of such pleadings or motions has not expired. 3. Plaintiffs have not previously been granted an extension of time to respond to the Defendant's Motion to Dismiss. 4. The undersigned counsel needs additional time to prepare the documents and Response on behalf of the Plaintiffs. 5. The undersigned has consulted with the Defendant's counsel and Defendant's counsel consents to the extension sought herein. 6. This Motion is not made for the purpose of delaying the trial of this matter and Defendant will not be prejudiced by the granting of this Motion.

7. Plaintiffs respectfully submits that justice would be served by allowing this Enlargement. 8. This Motion presents no complex issues of law and is uncontested and therefore counsel respectfully requests a waiver of a Memorandum in Support thereof.

WHEREFORE, Plaintiffs respectfully prays this Honorable Court to issue an Order enlarging the time for service of the Response to the Motion to Dismiss up to and including May 21, 2011.

Respectfully submitted, this 22nd day of April, 2011.

/s/ H. E. Luke Lucas Lucas & Nowak, LLP 2631 E. Geer St. Durham, NC 27704 lucasandnowak@nc.rr.com Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I, the undersigned counsel for the Plaintiffs, hereby certify that on this 22nd day of April, 2011, I filed an electronic copy of the foregoing Motion for Enlargement with the Court ECF system which will cause notice to be sent to the following: W. Ellis Boyle Attorney for the Defendant Assistant United States Attorney Civil Division 310 New Bern Avenue, Suite 800 Raleigh, NC 27601-1461 ellis.boyle@usdoj.gov Jeffrey S. Nowak Lucas & Nowak, LLP 2631 E. Geer St. Durham, NC 27704 jefnwk@comcast.net

/s/ H. E. Luke Lucas