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

Case 1:07-cv-00888-EJD

Document 9

Filed 02/11/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 07-888 T (Chief Judge Edward J. Damich) CELLCO PARTNERSHIP d/b/a/ VERIZON WIRELESS, Plaintiff v. THE UNITED STATES, Defendant __________ MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to RCFC 6.1, the United States respectfully moves for an enlargement of time of thirty-five days from February 19, 2008, to and including March 25, 2008, within which to file its answer or other response in the above-captioned case. This is the first enlargement of time requested for this purpose. In support of this motion, defendant states that its trial attorney has not yet received from the Internal Revenue Service ("IRS") the administrative files and the defense recommendation which are necessary to prepare a response to the complaint. Counsel for the IRS advised that the IRS is continuing its search for the complete administrative file which is necessary in order to prepare its defense recommendation. Defendant's trial attorney expects to receive the full administrative file and the defense recommendation and to respond to the complaint within the -1-

Case 1:07-cv-00888-EJD

Document 9

Filed 02/11/2008

Page 2 of 2

time requested. Plaintiff's counsel has authorized us to state that plaintiff has no objection to the allowance of this motion. WHEREFORE, defendant requests that its motion be granted. Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-0840

NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section GEORGE R. STEWART Reviewer s/George R. Stewart Of Counsel

February 11, 2008