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

Case 1:08-cv-00106-SGB

Document 14

Filed 04/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RICHARD C. ABEND, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-106C (Judge Horn)

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 28-day enlargement of time, to and including May 23, 2008, within which to file its response to the complaint. Our response is currently due on April 25, 2008. Defendant has not previously requested an enlargement of time for this purpose. The undersigned has contacted plaintiff's counsel, who has stated that plaintiff consents to this motion. The enlargement is requested because we have not yet received a litigation report from the interested agency, the Department of Homeland Security, as required by 28 U.S.C. § 520. Agency counsel has stated that Homeland Security is working diligently to complete the litigation report and that it will be provided to us as soon as possible. The additional time is necessary to allow sufficient time for agency counsel to complete the litigation report and for counsel to review the litigation report and prepare the Government's response to the complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this consent motion for an enlargement of time.

Case 1:08-cv-00106-SGB

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Filed 04/15/2008

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Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. 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 April 15, 2008 Attorneys for Defendant

Case 1:08-cv-00106-SGB

Document 14

Filed 04/15/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 15th day of April, 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