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

Case 1:07-cv-00881-JPW

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Filed 02/19/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SDS INTERNATIONAL, INC, Plaintiff, v. THE UNITED STATES, Defendant, and HiPK, INC., Defendant-Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-881 (Judge Wiese) Bid Protest

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant requests an enlargement of time of 5 days, to and including February 29, 2008, within which to submit its reply to plaintiff's response to the Government's motion for judgment on the administrative record and its response to plaintiff's motion for a hearing. and response presently are due on February 25, 2008. Our reply This is our

first request for an enlargement of time for this purpose.1 Intervenor does not oppose this request for an enlargement of

We note that defendant previously has requested and received three enlargements in this matter. Two of those enlargements were necessitated by the meeting that took place between the parties on January 11, 2008 at the suggestion of the Court. The third enlargement was sought in response to plaintiff's having amended its complaint. The two most recent requests have been for seven days each.

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time; plaintiff has indicated it will oppose this motion.2 During the week that defendant's reply and response are due and the following week, defendant's counsel is responsible for activities in the following matters: 5860 Chicago Ridge LLC v.

United States, Fed. Cl. 07-568 (initial disclosures due February 25, 2008; in-court status conference before Judge Allegra on February 27, 2008); Hickmon v. United States Postal Service, Fed. Cir. 08-3109 (brief due February 28, 2008); K-Con Bulding Systems v. United States, Fed. Cl. 05-981 (supplemental filing due February 29, 2008); Childers v. United States, Fed. Cl. 06-496 (supplemental brief due February 29, 2008); Ag-Innovations v. United States, Fed. Cl. 05-776 (deposition scheduled for March 3, 2008); Amerisource v. United States, Fed. Cir. 07-5121 (oral argument March 6, 2008). Defendant's counsel will not be in the office on Thursday, February 21 and Friday, February 22, and had hoped to substantially complete the Government's briefs prior to his departure. As matters now stand, it appears unlikely that

defendant's counsel will be in a position to do that, and it will be necessary for him to have time to complete the Government's briefs and obtain the necessary internal and agency review and approval upon his return to the office on February 25, 2008. We

therefore respectfully request the Court grant this motion for an enlargement of five days within which to file its reply and

Plaintiff's counsel has indicated that plaintiff categorically will oppose any enlargements of time in this matter unless, in plaintiff's view, they are necessitated by "drastic extenuating circumstances (death or illness)."

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response to the motion for a hearing. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/ Robert E. Chandler ROBERT E. CHANDLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 514-4678 February 19, 2008

Case 1:07-cv-00881-JPW

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CERTIFICATE OF FILING

I hereby certify that on this 19th day of February 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR 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. the Court's system. Parties may access this filing through

s/ Robert E. Chandler