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

Case 1:07-cv-00719-MBH

Document 17

Filed 05/22/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MRAG AMERICAS, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. )

No. 07-719C (Judge Horn)

JOINT MOTION FOR ENLARGEMENT OF TIME The Parties, by and through undersigned counsel, hereby jointly move the Court for an enlargement of time until May 30, 2008, to file a joint stipulation of facts and joint statement of issues of law. In support of their motion, the Parties report that they have exchanged multiple drafts, engaged in detailed discussions, and are making substantial progress toward completing both the joint stipulation of facts and joint statement of issues of law. The Parties' good faith and diligent efforts this week met the following challenges: (1) detailed discussions and review regarding specific factual issues has required unexpected time; (2) detailed discussions and drafting of the stipulation of facts and the list disputed material facts to accommodate issues of contract interpretation material to the forthcoming summary judgment motions has required unexpected time; (3) Mr. Black's trial in the D.C. Superior Court was scheduled to end on May 14 but unexpectedly lasted until Monday, May 19; and (4) Mr. Black's client contact is traveling in Russia this week, which has imposed practical limits on communications. The joint stipulation of facts and joint statement of issues of law are important documents that will facilitate the Court's consideration of the forthcoming cross-motions for summary

Case 1:07-cv-00719-MBH

Document 17

Filed 05/22/2008

Page 2 of 3

judgment. The Parties want to get it right. The extra time will allow the Parties to resolve outstanding issues and develop documents that will ultimately offer the greatest benefit to the Court. Significantly, the Parties do not request any other modification of the existing schedule, and granting this motion will not result in any other delay. The Parties remain on track to filing opening briefs on June 13, 2008, in accordance with the Court's scheduling order. Based on the foregoing, the Parties respectfully request the Court to grant their motion to enlarge the time to file the joint stipulation of facts and joint statement of issues of law until May 30, 2008. Respectfully submitted, HOLLAND & KNIGHT LLP /s/ Joseph A Pixley Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. (202) 307-0843 (202) 307- 0972 Attorney for the Defendant Dated: May 22, 2008 /s/ David S. Black David S. Black 1600 Tysons Boulevard, Suite 700 McLean, VA 22102-4867 (703) 720-8600 (703)720-8610 Facsimile [email protected] Attorney for Plaintiff

Case 1:07-cv-00719-MBH

Document 17

Filed 05/22/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 22nd day of May, 2008, a copy of the foregoing "JOINT 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/ David S. Black