Case 8:07-cv-00669-SDM-TGW Document 23 Filed 05/12/2008 Page 1 of 3

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’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND

TO DEFENDANTS’ MOTION TO DISMISS

The Plaintiff United States of America hereby files its Motion for Extension of

Time to Respond to the Defendants’ 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’ 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 2 of 3

before May 15, 2008.1 The 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’s 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’NEILL

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

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

LOCAL RULE 3.01(g) CERTIFICATE

The undersigned conferred with Susan Eisenberg, counsel for the Defendants,
who stated that Defendants do not oppose the requested extension.

CERTIFICATE OF SERVICE

I hereby certify that on May 12, 2008, I electronically filed the foregoing with the
Clerk of the Court by using the CM/ECF system which will send a notice of electronic
filing to the following:

John W. Andrews, Esq. John W. Andrews, Esq.

Andrewslawgroup@ix.netcom.com andrewslawgroup@ix.netcom.com
Andrews Law Group Andrews Law Group
3220 Henderson Blvd. 3220 Henderson Blvd.
Tampa, FL 33609 Tampa, FL 33609
Counsel for Relators Counsel for Relators

and

Susan Eisenberg Mia Rene Martin

susan.eisenberg@akerman.com mia.martin@akerman.com
One S.E. 3rd Avenue, 28th Floor One S.E. 3rd Avenue, 25th Floor
Miami, FL 33131-1714 Miami, FL 33131-1714
Counsel for Defendants Counsel for Defendants

I further certify that on May 12, 2008, a copy of the foregoing, along with notice of
electronic filing of same, was served by e-mail on the following non-CM/ECF
participants:

James L. Zelaney, Jr.

jzelenay@gibsondunn.com
Nicola T. Hanna
nhanna@gibsondunn.com
Timothy J. Hatch
thatch@gibsondunn.com
333 South Grand Avenue
Los Angeles, CA 90071
Counsel for Defendants
By: s/Charles T. Harden III
CHARLES T. HARDEN III
Assistant United States Attorney

-3-