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

Case 1:08-cv-00134-EGB

Document 41

Filed 05/16/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Bid Protest) KLINGE CORPORATION Plaintiff, v. THE UNITED STATES, Defendant, and SEA BOX, INC. Defendant-Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 08-134C (Judge Bruggink)

DEFENDANT'S MOTION SEEKING LEAVE OUT OF TIME Defendant, the United States, seeks leave to file its reply to plaintiff's response out of time. Pursuant to this Court's May 9, 2008 order, defendant's reply was due on May 15, 2008. Defendant's brief was ready to file on May 15, 2006; however, it appears that the Government's reply brief was never filed. It was not until the morning of May 16, 2008 that counsel for the United States was made aware that there was a problem with the filing of the defendant's brief. Upon a review of PACER, defendant now believes that the reply brief was not received by the Court. Counsel for the defendant has conferred with counsel for the plaintiff and intervenor and they do not object to this motion. Counsel for intervenor has not responded to a telephone call Accordingly, the United States respectfully requests that the Court grant defendant's motion to file defendant's motion for judgment upon the administrative record and opposition to plaintiff's motion for judgment upon the administrative record out of time.

Case 1:08-cv-00134-EGB

Document 41

Filed 05/16/2008

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Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Kirk Manhardt KIRK MANHARDT Assistant Director OF COUNSEL: James B. McCloskey Associate Counsel Marine Corps Systems Command 2200 Lester Street Quantico, Virgina 22134-6050 /s/ Christopher L. Krafchek CHRISTOPHER L. KRAFCHEK Trial Attorney Civil Division, U.S. Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 (202) 305-0041 (Phone) (202) 514-8624 (Facsimile)

May 16, 2008

Attorneys for Defendant

2

Case 1:08-cv-00134-EGB

Document 41

Filed 05/16/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 16th day of May, 2008, a copy of the foregoing "DEFENDANT'S MOTION SEEKING LEAVE TO FILE OUT 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/Christopher L. Krafchek