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

Case 1:08-cv-00028-CCM

Document 8

Filed 05/02/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS COMMODITY SOLUTIONS, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-28C (Judge C. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a 14-day enlargement of time, to and including May 23, 2008, within which to file the parties' joint preliminary status report. The status report is currently due on May 9, 2008. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel has authorized us to state that plaintiff does not oppose this motion. This enlargement is requested because the contracting officer issued a final decision on May 1, 2008, concerning the contract at issue in this case. In the May 1, 2008 decision, the contracting officer found that plaintiff, Commodity Solutions, Inc., is indebted to the Government for $143,678.73 in reprocurement costs and $24,603.34 in liquidated damages for breaching the contract that is the subject of plaintiff's complaint. The contracting officer's May 1, 2008 final decision has affected the information to be included in the joint preliminary status report. For example, the Government intends to seek leave to file a counterclaim in this case. In light of this new development, we respectfully request a 14-day enlargement of time within which to discuss and to prepare the joint preliminary status report. 1

Case 1:08-cv-00028-CCM

Document 8

Filed 05/02/2008

Page 2 of 3

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/ Roger A. Hipp ROGER A. HIPP Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 305-3091 Facsimile: (202) 514-8640 May 2, 2008 Attorneys for Defendant

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Case 1:08-cv-00028-CCM

Document 8

Filed 05/02/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 2nd day of May, 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 of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Roger A. Hipp

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