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

Case 1:08-cv-00095-LAS

Document 7

Filed 06/17/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CARMEN BENTIVEGNA ROBERT A. GIRARD, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 08-95C (Sr. Judge Smith)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court Federal Claims, defendant respectfully requests an enlargement of time of 56 days, to and including August 11, 2008, within which to file our answer or otherwise respond to plaintiffs' complaint. Our response is currently due on June 17, 2008. This is defendant's second request for an enlargement of time for this purpose, the Court having previously granted our request for a 61 day enlargement of time. Plaintiffs' counsel has advised us that the plaintiffs concur with this request. The parties have entered into a settlement agreement designed to resolve all claims in this case. We anticipate that the parties will be able to complete performance upon certain terms of the agreement, and submit a motion to dismiss this case with prejudice, within the requested 56 days, making the filing of any response to the complaint unnecessary. For these reasons, defendant's counsel respectfully requests that our motion for enlargement of time for the filing of our answer be granted. Respectfully submitted,

GREGORY G. KATSAS Acting Assistant Attorney General

Case 1:08-cv-00095-LAS

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Filed 06/17/2008

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JEANNE E. DAVIDSON Director

S/MARTIN F HOCKEY MARTIN F. HOCKEY Assistant Director

S/MICHAEL D. AUSTIN MICHAEL D. AUSTIN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-0361 Fax: (202) 514-7965 June 17, 2008 Attorneys for Defendant

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Case 1:08-cv-00095-LAS

Document 7

Filed 06/17/2008

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CERTIFICATE OF SERVICE I hereby certify that on the 17th day of June, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED 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/Michael D. Austin