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

Case 1:01-cv-00351-JFM

Document 40

Filed 07/12/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CLEARWATER CONSTRUCTORS, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 01-351C (Judge Merow)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of seven calendar days, to and including July 20, 2005, for the Government to file its motion for summary judgment. The motion for summary judgment is presently due July 13, 2005. This is defendant's second request for an enlargement of time for this matter. Government counsel has discussed this motion with plaintiff's counsel and represents that plaintiff does not oppose it. The reason for this request is that the Government only recently received the final deposition transcript of Mr. Seth Kohn, the president of plaintiff's subcontractor, who was deposed in April 2005. Because Mr. Kohn played a critical role in formulating plaintiff's claim, we could not draft our motion for summary judgment for agency input and review without the evidence from his deposition. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time and to concomitantly enlarge the time for plaintiff to file its cross-motion for summary judgment to August 22, 2005.

Case 1:01-cv-00351-JFM

Document 40

Filed 07/12/2005

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ James M. Kinsella JAMES M. KINSELLA Deputy Director

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 305-7586 Fax: (202) 514-7969 July 12, 2005 Attorneys for Defendant

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