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

Case 1:08-cv-00095-LAS

Document 5

Filed 04/15/2008

Page 1 of 3

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 61 days, to and including June 17, 2008, within which to file our answer or otherwise respond to plaintiffs' complaint. Our response is currently due on April 17, 2008. This is defendant's first request for an enlargement of time for this purpose. Plaintiffs' counsel has advised us that the plaintiffs concur with this request. The parties have discussed the possibility of reaching an amicable resolution of this case without further judicial involvement. Defendant's counsel, once the negotiations have concluded, must prepare and submit a recommendation, either accepting or rejecting any settlement offer, to the appropriate deciding official within the Department of Justice. Consequently, the additional time will allow the parties an opportunity to fully explore the possibility of an amicable resolution to this case without the pressure of simultaneously preparing for further litigation, as well as allow us to comply with our internal policies. On or before June 17, 2008, we will either file our answer or inform the Court that this case may be amicably resolved.

Case 1:08-cv-00095-LAS

Document 5

Filed 04/15/2008

Page 2 of 3

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,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

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 April 15, 2009 Attorneys for Defendant

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Case 1:08-cv-00095-LAS

Document 5

Filed 04/15/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 15th day of April, 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