Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:94-cv-00364-EGB

Document 57

Filed 03/25/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DONAT GERG HAUSTECHNIK, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 94-364 (Judge Bruggink)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE STATUS REPORT Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, defendant, the United States, requests a 14-day enlargement of time, from March 29, 2004, until April 12, 2004, to file its status report. On March 24, 2004, defendant's

counsel telephoned Reed von Maur, counsel for plaintiff, to discuss this motion. oppose this motion. Mr. von Maur stated that he did not This is defendant's first request for an

enlargement of time for this purpose. In support of this motion, defendant states that the Court entered an order dated February 10, 2004, which directed the plaintiff to file a status report by March 12, 2004 which would state whether plaintiff intended to prosecute its complaint and include a proposed schedule for further proceedings. The Court

further directed defendant to file a responsive status report by March 29, 2004. This is an electronic filing case. Defendant did not

receive a copy of plaintiff's status report by electronic filing and spoke with plaintiff's counsel on approximately March 17, 2004. Plaintiff's counsel stated that he had not electronically

Case 1:94-cv-00364-EGB

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Filed 03/25/2004

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filed the status report but had mailed it from Germany. Defendant received a copy of plaintiff's status report on March 24, 2004. However, the status report does not contain a proposed Plaintiff's counsel

schedule as directed in the Court's order.

has informed defendant's counsel that he intends to file an amended status report with a proposed schedule. However, as of

the time of filing we have not received plaintiff's amended status report. For the foregoing reasons, defendant respectfully requests that the Court grant defendant an enlargement of time until April 19, 2004, in which to file its status report. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director s/Michael N. O'Connell MICHAEL N. O'CONNELL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0282 Attorneys for Defendant Dated: March 25, 2004

Case 1:94-cv-00364-EGB

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Filed 03/25/2004

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 25th day of March, 2004, DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE STATUS REPORT was filed electronically.
I understand

that a copy of this motion will be sent to all parties by operation of the Court's electronic filing system. access this filing through the Court's system. Parties may

s/Michael N. O'Connell MICHAEL N. O'CONNELL