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

Case 1:08-cv-00142-NBF

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Filed 07/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SAUDI LOGISTICS AND TECHNICAL SUPPORT, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 08-142C (Judge Firestone)

DEFENDANT'S CONSENT MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 21-day enlargement of time, to and including August 18, 2008, within which to file its response to plaintiff's motion to dismiss defendant's counterclaim for lack of jurisdiction. Our response is currently due on July 28, 2008. This is defendant's first request for an enlargement of time for this purpose. The undersigned has contacted plaintiff's counsel, who has stated that plaintiff consents to this motion. The additional time requested within which to file our response is necessary to allow counsel to draft the brief, to incorporate comments of agency counsel, and to obtain internal review of our brief. Pursuant to Rule 7.2(c) of the Rules of the Court, responses to Rule 12(b) motions "shall be filed within 28 days after service of the motion." Pursuant to Rule 7(b), however, "[a]ny motion, objection, or response may be accompanied by a brief or memorandum and, if necessary, supporting affidavits that shall be attached to the motion." In this case, rather than attaching its memorandum in support of its motion to dismiss, plaintiff did not file its memorandum in support of its motion to dismiss until July 7, 2008, two weeks after plaintiff filed its June 26, 2008 motion to dismiss. Because plaintiff's motion relies upon and

Case 1:08-cv-00142-NBF

Document 14

Filed 07/15/2008

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incorporates the July 7, 2008 memorandum, we were not able to adequately address plaintiff's contentions until we received the July 7 memorandum. Additionally, the undersigned will be on active duty for the United States Army Reserve from July 19 through July 26 and, thus, will not be able to work on our brief during that time. For the foregoing reasons, defendant respectfully requests that the Court grant this consent motion for an enlargement of time. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Martin F. Hockey MARTIN F. HOCKEY Assistant Director

/s/ David S. Silverbrand DAVID S. SILVERBRAND Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 305-3278 fax: (202) 353-7988 July 15, 2008 Attorneys for Defendant

Case 1:08-cv-00142-NBF

Document 14

Filed 07/15/2008

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 15th day of July, 2008, a copy of the foregoing consent motion for an enlargement of time, 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. Parties may access this filing through the Court's system.

s/ DAVID S. SILVERBRAND