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

Case 1:08-cv-00211-LJB

Document 15

Filed 07/25/2008

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 July 30, 2008, to and including August 30, 2008, within which to file its answer or other response in the above-captioned case. This is the third enlargement of time requested for this purpose; the first two requests having been granted for a total of sixty-one days. 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 complete administrative file which is necessary to prepare a response to the complaint. Counsel for the IRS has forwarded part of the administrative file and is in the process of forwarding the

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Case 1:08-cv-00211-LJB

Document 15

Filed 07/25/2008

Page 2 of 2

remaining files.1 Counsel for the IRS and defendant's trial attorney are working together to identify and locate additional documents not presently contained in the administrative file and which are necessary in order to prepare a response to the complaint. Defendant's trial attorney expects to receive the additional 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 July 24, 2008

The IRS advised that transmission of a digital copy of part of the administrative file has been delayed pending resolution of a technical electronic formatting issue. -2-

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