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

Case 1:07-cv-00887-LJB

Document 8

Filed 04/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-887 T (Judge Lynn J. Bush) ___________________________________ JAMES BOSTWICK and MARTI PHILLIPS, Plaintiffs, v. THE UNITED STATES, Defendant. ___________________________________ UNOPPOSED MOTION FOR ENLARGEMENT ___________________________________ Pursuant to Rule 6.1 of the Rules of the U.S. Court of Federal Claims ("RCFC"), the United States respectfully seeks additional time within which to file its answer or other response to the complaint. The United States asks this Court for a twenty-day enlargement of time, from April 21, 2008, to May 11, 2008, inclusive. Plaintiffs do not oppose this request. This is the second such enlargement requested. By Order of February 15, 2008, the Court granted a sixtyday enlargement. The Office of Chief Counsel of the Internal Revenue Service recently transmitted to defendant's attorney of record certain recommendations and records pertinent to this case. Defendant's counsel is currently conducting his review of those materials. During his review thus far, he has identified in those materials several omissions of information necessary to prepare a meaningful answer or other response to the complaint. The Department of Justice has requested the Office of Chief Counsel of the Internal Revenue Service to conduct additional inquiries and gather additional records in order that defendant's counsel may prepare defendant's answer or other response with benefit of the sought information.

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Case 1:07-cv-00887-LJB

Document 8

Filed 04/18/2008

Page 2 of 2

On April 17, 2008, David Hawkes, counsel for plaintiffs, by telephone conversation with defendant's attorney of record, orally consented to this enlargement request. Respectfully submitted, s/ Richard H. Bowles Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section P.O. Box 26, Ben Franklin Station Washington, D.C. 20044 (v) 202-307-6500 (f) 202-514-9440 NATHAN J. HOCHMAN Assistant Attorney General, Tax Division DAVID GUSTAFSON Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer April 18, 2008 s/ G. Robson Stewart Of Counsel

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