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

Case 1:07-cv-00827-NBF

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Filed 01/14/2008

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UNITED STATES COURT OF FEDERAL CLAIMS PIXL, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Case No. 07-827C (Judge Firestone)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 14 days, to and including February 5, 2008, within which to reply to plaintiff's complaint. Defendant's answer is currently due on January 22, 2008. This is our first request for an enlargement of time for this purpose. Government counsel has been unable to reach plaintiff's counsel regarding this motion. An enlargement of time is necessary to permit completion of the requisite coordination with the Department of Agriculture ("Agriculture"). Government counsel learned today that agency counsel is currently out of the office due to health reasons and does not expect to return until January 16, 2008. Agency counsel also informed the undersigned counsel today that he will not be able to complete a litigation report this week, as originally expected. Based on this delay as well as Government counsel's other obligations, as explained below, we expect that a 14-day extension of time, through and including February 5, 2008, will provide us with sufficient time to complete and submit our answer. Counsel is currently working on several matters before this Court, the United States Court of International Trade, and the United States Court of Appeals for the Federal Circuit, which have required counsel's attention and make this request for an enlargement necessary. These matters include (1) Home Products International, Inc. v. United States, No. 07-00123

Case 1:07-cv-00827-NBF

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(CIT), in which the Government's response brief was due on January 8, 2008; (2) Brickwood Contractors, Inc. v. United States, No. 06-695 (Fed. Cl.), in which a status conference is scheduled for January 16, 2008; (3) Foster v. Department of Defense, No. 07-3264 (Fed. Cir.), in which the Government's response brief was due on January 14, 2008; (4) United States v. World Commodities Equipment Corp., No. 07-00263 (CIT), in which the Government's reply brief is due on January 23, 2008; and (6) City Line Joint Venture v. United States, No. 96-738 (Fed. Cl.), in which the Government's response brief is due on February 1, 2008. For the foregoing reasons, we respectfully request the Court to grant our motion for an enlargement of time of 14 days.

Respectfully submitted,

JEFFREY BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Mark A. Melnick MARK A. MELNICK Assistant Director

s/Sean M. Dunn SEAN DUNN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 2

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1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tele: (202) 616-0883 Fax: (202) 353-7988

Attorneys for Defendant January 14, 2008

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CERTIFICATE OF FILING I hereby certify that on this 14th day of January, 2008, a copy of the foregoing "Defendant's Unopposed For An Enlargment 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. Parties may access this filing through the Court's system.

s/Sean M. Dunn