Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA

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Filed 12/08/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED MEDICAL SUPPLY COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-289C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE OPPOSITION BRIEF The United States respectfully requests the Court to enlarge by four days, from December 15, 2003 to and including December 19, 2003, the due date for defendant's response to plaintiff's
motion for summary judgment. This is our first request to

enlarge this deadline since the Court established the briefing schedule on September 29, 2003. Frank Broyles, counsel for

plaintiff, United Medical Supply Company, Inc., states that plaintiff does not oppose this request. Since plaintiff filed its summary judgment motion, the parties have engaged in discovery and settlement discussions. In

addition, since December 1, 2003, undersigned counsel has devoted time to, among other things, conducting oral argument in Ford Motor Co. v. United States, No. 03-5092 (Fed. Cir.), and Empire Energy Management Systems, Inc. v. United States, No. 02-1277 (Fed. Cir.), preparing and filing an appellate brief in Ta Chen Stainless Steel Pipe, Ltd. v. United States, No. 02-1332 (Fed. Cir.), preparing an appeal recommendation regarding Kaw Nation, ex rel. Guy Monroe, Executive Council Chairman, et al., IBCA No.

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4455A, 03-2 BCA ¶ 32,324, preparing for three days of depositions (December 10-12) at Wright-Patterson Air Force base in Ohio related to Night Vision Corp. v. United States, No. 03-1214 (Fed. Cl.), and representing the Government in a newly-filed bid protest, PGBA, LLC v. United States, No. 03-2773 (Fed. Cl.), assigned to Judge Lettow. Undersigned counsel also has a reply

in support of a summary judgment motion due on December 15 in Xavier Chemical Co. v. United States, No. 03-1823 (Fed. Cl.), for which the deadline has been enlarged once by 14 days. Under

these circumstances, a four-day enlargement is reasonable and should not cause any undue delay. CONCLUSION Accordingly, we respectfully request the Court to grant our

motion to enlarge by four days, from December 15, 2003 to and including December 19, 2003, the due date for defendant's
response to plaintiff's motion for summary judgment. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

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s/Kyle Chadwick KYLE CHADWICK Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant December 8, 2003

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CERTIFICATE OF FILING I certify that on December 8, 2003, the foregoing motion was filed electronically. I understand that notice of this filing

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

s/Kyle Chadwick

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