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

Case 1:08-cv-00094-JPW

Document 18

Filed 04/11/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS TYLER CONSTRUCTION CO. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-94C (Judge Wiese)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 10-day extension of time, to and including April 25, 2008, to file its motion for judgment upon the administrative record and response to plaintiff's cross-motion. Our motion and response currently is due on April 15, 2008. This is our first request for an enlargement of time for this purpose. Counsel for the parties have discussed this motion and its request for relief, and plaintiff's counsel has represented that plaintiff does not oppose this request. The requested enlargement is necessary because defendant's counsel has been out of the office to perform family responsibilities associated with the birth of a child. We anticipate that the additional 10 days will provide sufficient time for defendant to prepare its motion and response and to confer and to coordinate with agency counsel. Accordingly, we respectfully request a 10-day enlargement of time, to and including April 25, 2008, to file our motion for judgment upon the administrative record and response to plaintiff's cross-motion. For the foregoing reasons, we respectfully request that the Court grant this unopposed motion for a 10-day enlargement of time, to and including April 25, 2008, for the United States

Case 1:08-cv-00094-JPW

Document 18

Filed 04/11/2008

Page 2 of 3

to file its motion for judgment upon the administrative record and response to plaintiff's crossmotion. Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director

OF COUNSEL: Thomas J. Warren, CPT, JA Office of the Chief Counsel United States Army Corps of Engineers 441 G. St. N.W. Washington, DC 20314 April 11, 2008

s/Douglas G. Edelschick DOUGLAS G. EDELSCHICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L. Street, N.W. Washington, DC 20530 Tel: (202) 353-9303 Attorneys for Defendant

-2-

Case 1:08-cv-00094-JPW

Document 18

Filed 04/11/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on April 11, 2008, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR 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/Douglas G. Edelschick

-3-