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

Case 1:07-cv-00351-CCM

Document 6

Filed 08/29/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 07-351 T (Judge Christine O.C. Miller) RIO VISTA CORPORATION, Plaintiff v. THE UNITED STATES, Defendant __________ MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to RCFC 6.1, the United States respectfully moves for an enlargement of time of thirty days from September 7, 2007, to and including October 7, 2007, within which to file its answer or other response in the above-captioned case. This is the second enlargement of time requested for this purpose; the first request having been granted for a total of thirty-five days. In support of this motion, defendant states that in telephone conferences on August 23, and August 28, 2007, counsel for the IRS advised that: (1) a draft defense recommendation has been prepared in this action and it is being finalized; and (2) the IRS is continuing its search for the complete administrative file. This enlargement of time is sought in order to allow the IRS additional time to complete its defense recommendation and to forward that recommendation, along with any administrative files that have been located, to defendant's trial attorney. The

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Case 1:07-cv-00351-CCM

Document 6

Filed 08/29/2007

Page 2 of 2

administrative files and the defense recommendation are necessary to prepare a response to the complaint. Plaintiff's counsel has authorized us to state that plaintiff has no objection to the allowance of this motion. WHEREFORE, defendant requests that its motion be granted. Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-0840

RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/David Gustafson Of Counsel

August 29, 2007