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

Case 1:07-cv-00779-MCW

Document 6

Filed 12/31/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ERIC V.M. LUCAS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-779C (Judge Williams)

DEFENDANT'S CONSENT MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 60-day enlargement of time, to and including March 7, 2008, within which to file its response to the complaint. Our response is currently due on January 7, 2008.

This is defendant's first request for an enlargement of time for this purpose. The undersigned has contacted plaintiff's counsel, who has stated that plaintiff consents to this motion. The enlargement is requested because we have not yet received a litigation report from the interested agency, the United States Navy ("Navy"), as required by 28 U.S.C. § 520. Agency counsel has stated that the Navy is working diligently to complete the litigation report and that it will be provided to us as soon as possible. The additional time is necessary to allow

sufficient time for agency counsel to complete the litigation report and for counsel to review the litigation report and prepare the Government's response to the complaint.

Case 1:07-cv-00779-MCW

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Filed 12/31/2007

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For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director /s/ David S. Silverbrand DAVID S. SILVERBRAND Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 305-3278 fax: (202) 353-7988 December 31, 2007 Attorneys for Defendant

Case 1:07-cv-00779-MCW

Document 6

Filed 12/31/2007

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 31 day of December, 2007, a copy of the foregoing consent motion for an 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. may access this filing through the Court's system. Parties

s/ DAVID S. SILVERBRAND