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

Case 1:08-cv-00018-CFL

Document 10

Filed 05/13/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ANYA GAYLE, on her behalf and others similarly situated, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 08-18C (Judge Lettow)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 60-day enlargement of time, to and including July 13, 2008, within which to file a response to plaintiff's complaint. Presently, the Government's responsive pleading to the complaint is due no later than May 13, 2008. This is the Government's second request for an enlargement of time. Counsel for plaintiff indicates that plaintiff will oppose the Government's request. An enlargement of time is necessary so that the parties may continue to explore settlement options. During the last two days, the parties have discussed specific terms of resolving this matter in lieu of further litigation. The Government needs to gather more information from its agency counsel in order to determine what parameters for settlement would be acceptable. Agency counsel has not prepared a final litigation report. We rely upon agency counsel to prepare a litigation report, pursuant to 28 U.S.C. § 520, concerning the case so that we may respond properly to actions filed against the United States. An enlargement is also necessary because undersigned counsel will be in Anchorage, AK beginning on May 22, 2008, and will remain there until at least June 13, 2008 in order to represent the Government at trial in Kiewit-Manson JV. v. United States, (Ct. Cl. 06-696).

Case 1:08-cv-00018-CFL

Document 10

Filed 05/13/2008

Page 2 of 3

For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time of 60 days, to and including July 13, 2008, within which to file a responsive pleading to the complaint. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Kirk T. Manhardt KIRK T. MANHARDT Assistant Director

s/ David M. Hibey DAVID M. HIBEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-0163 Fax: (202) 514-8624

May 13, 2008

Attorneys for Defendant

Case 1:08-cv-00018-CFL

Document 10

Filed 05/13/2008

Page 3 of 3

CERTIFICATE OF FILILNG

I hereby certify that on the 13th day of May, 2008, a copy of the foregoing "Motion for Enlargement o fTime" 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 M. Hibey