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

Case 1:08-cv-00121-TCW

Document 8

Filed 04/29/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS LAUDES CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-121C (Judge Wheeler)

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, the United States respectfully requests that the Court enlarge the deadline for the Government to file its answer in this case by 46 days, from May 1, 2008, until June 16, 2008. This is our first request for an enlargement. We have discussed this matter with counsel for the plaintiff and represent that plaintiff does not oppose this motion. The additional time is requested so that Government counsel adequately can prepare and file the Government's response to the complaint. As is our usual practice, as soon as plaintiff's complaint was received by this office, we immediately forwarded it to the appropriate agency (here, the United States Army, "the Army") for creation of a litigation report. However, inasmuch as the events contained in plaintiff's complaint all occurred in Iraq, where the vast majority of relevant records are kept, and a number of important witnesses have since taken new assignments, the Army has been unable to conclude the investigation needed for a complete litigation report.

Case 1:08-cv-00121-TCW

Document 8

Filed 04/29/2008

Page 2 of 3

Accordingly, we respectfully request that the Court grant this unopposed motion for extension of time and enlarge the deadline for the Government to file its answer until June 16, 2008. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305­7586 Fax: (202) 514-7969 Attorneys for Defendant April 29, 2008

Case 1:08-cv-00121-TCW

Document 8

Filed 04/29/2008

Page 3 of 3