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

Case 1:08-cv-00211-LJB

Document 7

Filed 05/29/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 08-211 T (Judge Lynn J. Bush) WASHINGTON MUTUAL, INC., AS SUCCESSOR IN INTEREST TO H.F. AHMANSON & CO. AND SUBSIDIARIES, Plaintiff v. THE UNITED STATES, Defendant __________ MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to RCFC 6.1, the United States respectfully moves for an enlargement of time of thirty days from May 30, 2008, to and including June 29, 2008, within which to file its answer or other response in the above-captioned case. This is the first enlargement of time requested for this purpose. In support of this motion, defendant states that its trial attorney has received a defense recommendation from the Internal Revenue Service ("IRS") but has not yet received the administrative files which are necessary to prepare a response to the complaint. Counsel for the

-1-

Case 1:08-cv-00211-LJB

Document 7

Filed 05/29/2008

Page 2 of 2

IRS advised that the IRS has located the administrative files.1 Defendant's trial attorney expects to receive the administrative files and to respond to the complaint within the time requested. Plaintiff's counsel has authorized us to state that plaintiff has no objection to the allowance of this motion. WHEREFORE, defendant requests that its motion be granted. Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-0840

NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant chief s/Steven I. Frahm Of Counsel

May 29, 2008

Counsel for the IRS advised that there will be a short delay in transmitting the administrative files so that they can be scanned electronically.

1