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

Case 1:08-cv-00211-LJB

Document 21

Filed 09/18/2008

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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-one days from September 19, 2008, to and including October 20, 2008, within which to file its answer or other response in the above-captioned case. This is the fifth enlargement of time requested for this purpose; the first four requests having been granted for a total of 111 days. In support of this motion, defendant states that on August 20, 2008, its trial attorney received from the Internal Revenue Service ("IRS") additional administrative files relevant to this action. The additional files provided by the IRS (over 12,000 pages of documents) were produced in an electronic format. Defendant's trial attorney was unable to access the additional files in the electronic format provided by the IRS. In an effort to correct this problem, the

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Case 1:08-cv-00211-LJB

Document 21

Filed 09/18/2008

Page 2 of 2

electronic files were forwarded to a Department of Justice computer specialist. The computer problem has been resolved and the additional files provided by the IRS are now completely accessible. Defendant's trial attorney requests this enlargement to allow additional time to complete a review of these additional administrative files. 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 STEVEN I. FRAHM Acting Chief, Court of Federal Claims Section

s/Steven I. Frahm Of Counsel September 17, 2008

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