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

Case 1:07-cv-00778-LAS

Document 7

Filed 02/04/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TODD R. FORBES, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-778C (Judge Smith)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME

Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 30-day enlargement of time, to and including March 7, 2008, within which to file a response to the complaint filed by plaintiff, Todd R. Forbes. Our response is currently due on February 6, 2008. Our first enlargement was for 45 days. Plaintiff's counsel does not oppose our second request for an enlargement of time for this purpose. Although some of plaintiffs military and pay records have been gathered, additional time is necessary for the agency, the United States Navy, to collect the full administrative record in this case. In addition, we intend to request that the Defense Finance and Accounting Service (DFAS) conduct a formal review of Mr. Forbes's military pay claims, in order to prepare an appropriate response to the complaint. We seek additional time for this purpose. For the foregoing reasons, we respectfully request that the Court grant our unopposed motion to enlarge the time within which to respond to the complaint, by 30 days, to and including March 7, 2008.

Case 1:07-cv-00778-LAS

Document 7

Filed 02/04/2008

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Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/ Joseph A. Pixley JOSEPH A. PIXLEY Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 307-0843 Fax. (202) 307-0972 February 4, 2008 Attorneys for Defendant

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Case 1:07-cv-00778-LAS

Document 7

Filed 02/04/2008

Page 3 of 3

CERTIFICATE OF FILING

I hereby certify that on the 4th day of February, 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. Parties may access this filing through the Court's system.

s/Joseph A. Pixley

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