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

Case 1:07-cv-00768-EGB

Document 5

Filed 12/17/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ORISKA INSURANCE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-768C ( Judge Bruggink)

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 60-day enlargement of time, to and including February 29, 2008, to file a response to the complaint. Our response is currently due on December 31, 2007. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel has spoken with plaintiff's counsel about this enlargement of time, who stated that he does not oppose this enlargement. The enlargement is requested because the undersigned counsel of record for defendant has not yet received a litigation report from the interested agency, the Department of Transportation, as required by 28 U.S.C. § 520. Upon receipt of the complaint, defendant's counsel promptly sent a copy to the agency with a request for a litigation report pursuant to 28 U.S.C. § 520. The additional time is necessary to allow sufficient time for agency counsel to complete the litigation report and for counsel of record to review the litigation report and prepare the Government's response to the complaint. Additionally, the enlargement is requested because of counsel of record's current workload, which includes drafting discovery responses in Lakeland Partners LLC v. United

Case 1:07-cv-00768-EGB

Document 5

Filed 12/17/2007

Page 2 of 3

States, Court of Federal Claims No. 2006-295, due December 31, 2007 and Ann Thomas v. United States, Court of Federal Claims No. 2007-212, due December 28, 2007; drafting an opposition to plaintiff's motion for summary judgment in Stout Road Associates v. United States, No. 07-145, due on December 31, 2007; and drafting a response to plaintiff's motion for judgment on the administrative record Former Employees of Invista S.A.R.L. v. United States, Court of International Trade No. 2007-0160, due January 18, 2008. For the foregoing reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time of 60 days, to and including February 29, 2008, within which to file a response to the plaintiff's complaint. Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/Martin F. Hockey MARTIN F. HOCKEY, JR. Assistant Director /s/Carrie A. Dunsmore CARRIE A. DUNSMORE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 305-7576 Fax: (202) 514-8624 December 17, 2007 Attorneys for Defendant

Case 1:07-cv-00768-EGB

Document 5

Filed 12/17/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 17th day of December, 2007, a copy of the Defendant's Unopposed 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. Parties may access this filing through the Court's system. /s/Carrie A. Dunsmore Carrie A. Dunsmore