Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal


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Case 1:07-cv-00881-JPW

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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 Weise) Bid Protest

DEFENDANT'S UNOPPOSED 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 7 days, to and including January 25, 2008, within which to respond to plaintiff's motion for preliminary injunction. Our response presently is due on January 18, 2008.

This is our second request for an enlargement of time for this purpose. Plaintiff and intervenor have been contacted and

neither plaintiff nor intervenor will oppose this request for an enlargement of time. On January 11, 2008, plaintiff and defendant held a meeting at which their respective technical personnel discussed their views of the solicitation at issue in this matter. counsel was present at the meeting as well. Intervenor's

Although we believe

that these discussions were productive, the Government nevertheless adheres to its view that HiPK's proposal complied

Case 1:07-cv-00881-JPW

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with the solicitation and that the award of the contract to HiPK was valid. Thus, the parties will move forward in the briefing of plaintiff's pending motion for preliminary injunction, filed December 17, 2007. Defendant requires additional time before

filing its response in order to consider fully the issues raised in the parties' January 11, 2008 meeting. The Government

believes that seven days will be sufficient to permit it to complete its brief and to obtain the necessary internal and agency review prior to filing. We therefore respectfully request

that the Court grant defendant's motion for an enlargement of time of seven days within which to file its response.

Respectfully submitted, JEFFREY S. BUCHOLZ 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 January 15, 2008

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CERTIFICATE OF FILING

I hereby certify that on this 15th day of January 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED 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. filing through the Court's system. Parties may access this

s/ Robert E. Chandler