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

Case 1:08-cv-00211-LJB

Document 12

Filed 06/25/2008

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 June 30, 2008, to and including July 30, 2008, within which to file its answer or other response in the above-captioned case. This is the second enlargement of time requested for this purpose; the first request having been granted for a total of thirty-one days. In support of this motion, defendant states that its trial attorney has received a defense recommendation from the Internal Revenue Service ("IRS") however, that defense recommendation was prepared based upon plaintiff's original complaint and not the amended complaint filed in this action. The amended complaint has been forwarded to the IRS with a request that it provide a supplemental defense recommendation. In addition, defendant has not

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Case 1:08-cv-00211-LJB

Document 12

Filed 06/25/2008

Page 2 of 2

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 remaining files.1 Defendant's trial attorney expects to receive the administrative file 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

June 25, 2008

Counsel for the IRS advised that the delay in transmission of the administrative file is due to the extra time required for the documents to be electronically scanned. -2-

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