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

Case 1:07-cv-00719-MBH

Document 15

Filed 05/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

MRAG AMERICAS, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 07-719C (Judge Horn)

DEFENDANT'S 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 seven-day enlargement of time, to and including May 22, 2008, within which to file a joint stipulation of facts and joint statement of issues of law. Pursuant to the Court's Order of March 27, 2008, the joint stipulation of facts and joint statement of issues of law are currently due on or before May 15, 2008. Counsel for plaintiff MRAG Americas, Inc. ("MRAG") has not indicated whether he consents to this motion. On March 27, 2008, the Court ordered the parties to file a joint stipulation of facts and a joint statement of issues of law, in support of the parties' respective motions for summary judgment. Counsel for defendant has prepared drafts of these documents, but has not been able to confer yet with plaintiff's counsel. On May 13, 2008, undersigned counsel received a voice message from plaintiff's counsel, Mr. Black, in which Mr. Black indicated that he was in court in another case this week, or words to that effect. In his voice message, Mr. Black asked whether we would consent to extending the date to file the stipulation of fact until Monday, May 19, 2008. In a return voice message, we informed Mr. Black that we would consent to such an

Case 1:07-cv-00719-MBH

Document 15

Filed 05/14/2008

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extension, but that it would be appropriate for plaintiff to file a motion for enlargement with the Court. It was our understanding that plaintiff's counsel would do so. We have not heard back from plaintiff's counsel, and it does not appear that a motion for enlargement has been filed. Thus, it is possible that plaintiff's counsel understood through our earlier exchange that we would file a motion for enlargement of time. Accordingly, and in the interest of caution, and to afford the parties sufficient time at this juncture to confer upon and complete the joint stipulation of fact and joint statement of law, we respectfully request that the Court grant our motion to enlarge the time within which to file the joint stipulation of fact and joint statement of law, by seven days, to and including May 22, 2008.

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Case 1:07-cv-00719-MBH

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Respectfully submitted,

GREGORY G. KATSAS Acting Assistant Attorney General

JEANNE E. DAVIDSON Director s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, Jr. 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 May 14, 2008 Attorneys for Defendant

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Case 1:07-cv-00719-MBH

Document 15

Filed 05/14/2008

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CERTIFICATE OF FILING

I hereby certify that on the 14th day of May, 2008, a copy of the foregoing "MOTION FOR ENLARGEMENT" 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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