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

Case 1:01-cv-00351-JFM

Document 38

Filed 06/10/2005

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 30 calendar days, to and including July 13, 2005, for the Government to file its motion for summary judgment. The motion for summary judgment is presently due June 13, 2005. This is defendant's first 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 has not yet received the final deposition transcript of Mr. Seth Kohn, the president of plaintiff's subcontractor, who was deposed in April 2005. We understand that Mr. Kohn requested numerous corrections to the transcript and surmise that this may have delayed the production of the transcript by the court reporter. Because Mr. Kohn played a critical role in formulating plaintiff's claim, we cannot submit our motion for summary judgment 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 15, 2005.

Case 1:01-cv-00351-JFM

Document 38

Filed 06/10/2005

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 June 10, 2005 Attorneys for Defendant

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